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(영문) 서울중앙지방법원 2019.04.17 2018나38675

보증채무금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a financial institution established pursuant to B law, and the Defendant is a non-profit public corporation established pursuant to the Regional Credit Guarantee Foundation for the purpose of facilitating its financing and promoting the regional economy and promoting the welfare of the ordinary people by guaranteeing the obligations of small enterprises, micro enterprises, etc. in Seoul Special Metropolitan City, which lack security power.

B. The Plaintiff entered into an agreement with the Defendant on the guarantee of the Microfinance loan guarantee (self-employed) and the operation of new guarantee and the entrustment of business affairs (hereinafter “instant agreement”).

On the other hand, according to the criteria for dealing with specific duties under the instant agreement (hereinafter “the criteria for dealing with this case”), the purpose of loans under the instant agreement is divided into driving funds, start-up funds, and large-scale patients. Of them, the details related to the large-scale patient deposit are as follows.

Major non-higher

(b) Additional needs by type of funds;

2) As of the date of receipt of an application for credit guarantee, the rate of high interest rates confirmed by the customer’s interest rate on “the details of debts subject to loan” shall be at least 20% per annum of loan companies, capitals, C Bank, and credit card companies (limited to card loan loan and including banks concurrently operating credit card business) for which three months have elapsed from the date of receipt of an application for credit guarantee shall not exceed 40% (DTI) of the amount of debt repayment compared to income (DI) confirmed by “the criteria for determining ordinary repayment and the method of confirmation”) by the customer: Provided, That where the amount of application for the large-scale patient deposit is less than 10 million won (where it is below the basis of the principal of the loan, the standard for exclusion from the application of DI shall be three pages.

(c) Maximum patient savings: Not more than 30 million won guarantee per case regardless of the number of debts to be borne by debtors subject to the restriction on collection of loans, and the repayment loan shall be limited to one time - the standard for handling additional guarantees after providing assistance for one time, notwithstanding the time limit for lending loans to large-scale patients;

2. Computer inputs;

(b) the application of loan interest rates, contributions, on-site inspection;