구상금 및 손해배상(기) 등
1. The Plaintiff:
A. Defendant A’s KRW 56,322,443 as well as KRW 12% per annum from July 26, 2014 to August 31, 2015.
1. Facts of recognition;
A. On October 5, 2012, Defendant A entered into a credit guarantee agreement with the Plaintiff on the instant credit guarantee agreement and the instant loan (i) on October 5, 2012, setting the period of guarantee as KRW 54 million and the period of guarantee as October 5, 2014 (hereinafter “the instant credit guarantee agreement”). The credit guarantee agreement issued under the instant credit guarantee agreement was obtained from the new bank as security a loan of KRW 60 million from the National Housing Fund loan (hereinafter “instant loan”).
(2) On June 11, 2013, Defendant A caused a credit guarantee accident that would lose the benefit of the term for the instant loan. Accordingly, the new bank claimed against the Plaintiff for the performance of the guarantee liability under the instant credit guarantee. On July 25, 2014, the Plaintiff paid KRW 56,354,843, including the principal and interest of the instant loan, to the new bank.
On July 25, 2014, the Plaintiff recovered KRW 32,400 from Defendant A and appropriated it as part of the amount of subrogated payment.
(3) Under the instant credit guarantee agreement, the rate of damages for delay in the amount of indemnity payable by Defendant A to the Plaintiff is 12% per annum until August 31, 2015, and 8% per annum from the following day.
B. The Defendants: (1) conspired to obtain a loan from a financial institution and obtain a loan from a financial institution by fraud; (2) Defendant C, while acting as a false tenant, proposed Defendant A to apply for a loan of the employee house rental loan; (3) Defendant D proposed Defendant B to act as a false lessor as if he leased H apartment 2 and 206 (hereinafter “the apartment of this case”); and Defendant A and B consented thereto, respectively; and Defendant E, a licensed real estate agent, drafted a false lease contract.
Accordingly, on September 25, 2012, Defendant B, D, and E had the apartment of this case from Defendant B at KRW 100 million.