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(영문) 서울중앙지방법원 2017.03.15 2016나21475

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company that entered into a guarantee insurance contract with the Defendant with respect to the loans to the Defendant by Korean Teachers’ Credit Union. The Defendant is an assistant professor of a college B and was a member of the Korean Teachers’ Credit Union.

B. On June 30, 2009, the Plaintiff entered into a guarantee insurance contract for livelihood stability funds with the Defendant and the Insured Korea Teachers’ Credit Union, the insurance amount of KRW 38,609,460, and the insurance period from June 30, 2009 to July 29, 2019, which guarantees the obligation to return loans that the Korean Teachers’ Credit Union extended to the Defendant by the Korean Teachers’ Credit Union to the Defendant.

(hereinafter “instant guarantee insurance contract”). C.

The Defendant obtained a loan of KRW 53,00,000 from the Korean Teachers’ Credit Union on June 30, 2009 under the instant guarantee insurance contract with a maturity of eight years (hereinafter “instant loan”). The instant loan agreement provides that “The Defendant shall lose the benefit of time for the loan upon retirement after receiving the loan, shall be liable to pay the Defendant’s long-term savings benefit immediately, and the Korean Teachers’ Credit Union may offset the balance of the loan by the Defendant’s long-term savings benefit.”

From July 27, 2009 to June 25, 2014, the Defendant repaid the principal and interest of the instant loan to the Korean Teachers’ Credit Union as shown in the attached Table, and the principal and interest of the instant loan was KRW 30,469,740 as of June 25, 2014. When the Defendant retired from B university as of July 2, 2014, the Korean Teachers’ Credit Union offset the Defendant’s credit against the Defendant’s credit payment claim of KRW 11,340,00 as of July 27, 2015, as shown in the attached Table.

E. From July 25, 2014 to May 26, 2015, the Defendant paid the principal and interest of the instant loan and damages for delay to the Korean Teachers’ Credit Union as indicated in the attached Table, and as of May 26, 2015.