구상금
1. The Defendant’s totaling KRW 21,278,640 and KRW 18,788,125 among the Plaintiff and KRW 15% per annum from February 26, 2005 to November 30, 2012.
1. Determination as to the cause of claim
A. 1) The Plaintiff is a special corporation established under the Korea Housing Finance Corporation Act, and is a special corporation that succeeded to the rights and obligations under the Housing Finance Credit Guarantee Agreement (hereinafter “the Credit Guarantee Fund”) on March 1, 2004 under Articles 1, 6, and 7 of the Addenda of the said Act under the “former Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers” (hereinafter “Plaintiff”).
(2) On May 7, 2002, the Seoul Bank concluded a credit guarantee agreement between the Defendant and the Defendant’s Seoul Bank (hereinafter “the instant credit guarantee agreement”) with a view to guaranteeing the Defendant’s obligation for the lease loans to the Seoul Bank as an institution entrusted with the Plaintiff’s business (hereinafter “the instant credit guarantee agreement”).
3) According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Defendant paid the Plaintiff the repayment amount of the guaranteed obligation and the damages for delay in accordance with the ratio as determined by the Plaintiff. 4) Seoul Bank loaned the Defendant KRW 23,600,000 for the housing fund as security on May 7, 2002.
5) The Seoul Bank was merged with Han Bank. The Han Bank filed a claim against the Defendant for the performance of the guaranteed obligation against the Plaintiff as the Defendant lost the benefit of the period of the loan obligation, and the Plaintiff repaid on February 25, 2005 the Plaintiff’s reimbursement of KRW 246,280 on behalf of the Defendant. The overdue interest rate incurred before the Plaintiff discharged the guaranteed obligation is KRW 246,280. The agreed interest rate on the amount of subrogated payment is 15% per annum from February 26, 2005 to November 30, 2012, and 12% per annum from the following day. 6) The Plaintiff filed a claim against the Defendant for reimbursement against the Plaintiff with the Seoul Central District Court Decision 2005Ga65362, and from August 19, 2005 to June 25, 2005, the Defendant’s annual reimbursement of KRW 27,296,089,279,809,205.