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(영문) 대구지방법원 2019.06.14 2017가단133793

구상금

Text

1. The Plaintiff:

A. As to KRW 64,678,756 and KRW 63,904,422 among Defendant A, Defendant A shall be from August 7, 2015 to August 31, 2015.

Reasons

1. Chief;

A. The plaintiff's assertion

1. The party;

(a) The Plaintiff Corporation is established under the Korea Housing Finance Corporation Act with the aim of promoting the welfare of citizens and contributing to the development of the national economy by facilitating the long-term stable supply of housing finance, etc. through the securitization of mortgage-backed claims, etc., housing finance credit guarantee and

B. (1) Defendant A entered into a housing finance credit guarantee agreement with the Plaintiff, and then received a fraudulent loan from Nonparty G, (2) 1, Defendant B (73 years), Defendant C (59 years), and Defendant D’s joint tortfeasor who participated in the illegal loan crime committed by Defendant A.

(General Contents of Evidence A-1, Evidence A-5-2, Evidence A-5-3, Evidence A-4, respectively). 2. Payment obligations based on the credit guarantee agreement of Defendant A

A. On July 11, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A with the coverage amount of KRW 72,00,000, and the term of guarantee as of July 11, 2016 (hereinafter the credit guarantee agreement in this case) (hereinafter the credit guarantee agreement in this case), and then issued a housing finance credit guarantee agreement (a certificate of credit guarantee in the Evidence A No. 1) with Nonparty G Co., Ltd. with the same guarantee number H in the future, and accordingly, the Defendant received a loan of KRW 80,000,000 from the above non-party bank on the same day.

(A) The loan transaction agreement of No. 3).

After that, due to the above defendant's insolvent, a credit guarantee accident in which the above defendant is unable to repay the above loan and interest of the non-party bank within the above deadline, the plaintiff Corporation subrogated 74,345,470 won, which is the principal and interest of the loan, to the above defendant's above non-party bank on August 17, 2015.

(Certificate of Payment by Subrogation for A)

The Plaintiff Corporation shall pay KRW 195,280, October 1, 2015; ② KRW 3,700,000 on February 3, 2016; ③ KRW 740,00 on March 18, 2016; ④ KRW 740,00 on April 29, 2016; and ⑤.