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(영문) 서울중앙지방법원 2015.02.13 2014가단5069071

구상금

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) has charged the Plaintiff (Counterclaim Defendant) with KRW 21,480,570 and KRW 21,262,420. From June 12, 2013 to June 12, 2013.

Reasons

1. The following facts are either disputed between the parties or acknowledged by comprehensively considering the purport of the entire pleadings in each entry between Gap and six. Thus, the defendant is obligated to pay the money specified in paragraph (1) of this Article to the plaintiff.

On June 20, 2012, the Plaintiff paid KRW 21 million to the Defendant’s bank loans of KRW 21 million between June 20, 2012 and June 20, 2027, the Defendant entered into a housing finance credit guarantee agreement with the term of guarantee from June 20, 2012 to June 20, 2027, with respect to KRW 21 million loaned from our bank on June 24, 2012, the occurrence of credit accidents in which the principal and interest are overdue, and the Plaintiff applied the rate of KRW 21,262,420 to our bank on June 12, 2013 upon the Plaintiff’s request for the discharge of the guaranteed obligation from our bank (i.e., principal 20,79,570 + interest 336,570 + interest 218,150 per annum at the time of the said credit guarantee agreement to compensate for damages incurred by the Plaintiff’s exercise of the guaranteed obligation.

2. The grounds for the Defendant’s counterclaim are as shown in the attached Form, and each of the entries in B-10 alone does not constitute any error in the performance of the Plaintiff’s guaranteed liability after the above credit guarantee agreement, the measures to preserve claims on the property owned by the Defendant for preserving the principal and interest of the claim, and the claim for payment of the principal and interest of the claim through the principal lawsuit of this case

3. The plaintiff's main claim is accepted, and the defendant's counterclaim is dismissed.