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(영문) 서울중앙지방법원 2015.11.13 2014가합596179

보증채무금

Text

1. The Defendant’s KRW 7,380,00,000 for the Plaintiff and KRW 3% per annum from August 25, 1998 to December 23, 2012.

Reasons

1. Basic facts

A. 1) The Korea Housing and Commercial Bank Co., Ltd. (hereinafter “Housing Bank”)

The original status as a manager of the National Housing Fund (hereinafter “Housing Fund manager”) and the status as a manager of the Housing Finance Credit Guarantee Fund (hereinafter “Guarantee Fund manager”). After the amendment of the relevant Act and subordinate statutes, the status as a manager of the Guarantee Fund on March 1, 2004, following the Credit Guarantee Fund on January 1, 1999, the status as a manager of the Housing Fund was comprehensively transferred to the Plaintiff that merged the Housing Bank on November 1, 2001.

B. On July 24, 1996, the Housing Bank entered into a loan agreement and a credit guarantee agreement and entered into a loan execution 1) as a manager of the Housing Fund, and changed its trade name into a white paper construction company on July 24, 1996.

hereinafter referred to as “long-term construction”).

2) As between the project site, the project site in this case shall be the land outside 145 square meters (hereinafter referred to as the “project site in this case”).

3) On the ground public rental housing (hereinafter “instant rental housing”)

(C) the project to build the project (hereinafter referred to as “instant project”)

(i) 23.984 billion won as its business capital and 20.3% per annum (in accordance with the National Housing Fund Operation and Management Regulations, 2.7% per annum from December 24, 2012) after the ten-year grace period.

(i)The monetary loan agreement of this case (hereinafter referred to as “the loan agreement of this case”) to provide a full loan;

2) On the same day, in order to secure a loan obligation under the instant loan contract, the 1st mortgage (hereinafter “mortgage”) was established with respect to the instant project site as the maximum debt amount of KRW 31.177 billion and KRW 9.2 million.

3. In addition, the Housing Bank is not secured by the instant collateral security right between the Housing Bank as a manager of the Housing Fund on the same day in the position of the Guarantee Fund Manager.