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(영문) 서울중앙지방법원 2015.11.12 2014가단5342462

구상금

Text

1. The defendant shall pay to the plaintiff KRW 48,378,967 and KRW 47,910,467 from February 23, 2004 to the day of full payment.

Reasons

1. On November 10, 2001, the Korea Credit Guarantee Fund made an agreement on a housing credit guarantee agreement between the Defendant and the guaranteed principal of KRW 60,000,000, and the guarantee period from November 10, 201 to November 9, 2002.

The guarantee period was later changed on May 9, 2003.

The defendant submitted a credit guarantee certificate issued in accordance with the credit guarantee agreement and borrowed 60,000,000 won from the Japanese bank on November 10, 2001.

On February 23, 2004, the Credit Guarantee Fund paid KRW 47,910,467 to the Japanese bank as the performance of the guaranteed obligation.

Under the credit guarantee agreement, the additional guarantee fee to be paid by the defendant is 468,500 won.

The defendant shall also pay damages for delay after the date of performance of the guaranteed obligation.

(Article 4 and Article 10 of the Credit Guarantee Agreement) The Credit Guarantee Fund has won a favorable judgment against the defendant to order the defendant to pay damages for delay calculated at the rate of 20% per annum from February 23, 2004 to the date of full payment, which became final and conclusive on September 7, 2004. The judgment became final and conclusive on August 7, 2004.

According to the enforcement of the Korea Housing Finance Corporation Act, both the housing finance credit guarantee and related legal acts were considered to have been performed by the plaintiff.

[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1 through 6, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff 48,378,967 won and damages for delay calculated at the rate of 20% per annum from February 23, 2004 to the day of full payment.

2. The defendant's assertion argues that since the execution of the provisional execution was made in the Seoul Central District Court Decision 2004Kadan57531, the plaintiff was entitled to exercise his claim on August 23, 2004, which is the date of service of the judgment, and the ten-year period has expired.

(b).