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(영문) 서울중앙지방법원 2020.04.16 2019가합516659

추심금

Text

1. The Defendant’s KRW 1,989,350,000 for the Plaintiff and KRW 6% per annum from April 12, 2019 to April 16, 2020.

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”)

The name was changed to the Gangseo-gu Busan apartment (D apartment);

hereinafter referred to as “the apartment of this case”

2) A new project (hereinafter referred to as “instant project”)

(E) is an executor of the Company E (hereinafter referred to as “E”);

(2) The Defendant is a corporation established to protect the policyholders of housing, promote housing construction, and contribute to improving the housing welfare of the people by providing various guarantees for housing construction. The Plaintiff is a financial institution that provided a housing sales guarantee for the instant project. The Plaintiff is a financial institution that provided an intermediate payment loan to those who purchase part of the instant apartment units from B to those who purchase part of the instant apartment units.

B. On December 1, 2006, the Defendant and B entered into a contract for the guarantee of parcelling-out (hereinafter “instant parcelling-out guarantee contract”) with respect to the instant project on December 1, 2006, up to the date of registration of ownership preservation (including the usage inspection) from the date of approval for the invitation of occupants of the guarantee period to the date of commencement (including the usage inspection) and the date of November 30, 2006, and the date of inspection for use (the scheduled date) August 31, 2009 (hereinafter “instant parcelling-out guarantee contract”).

2) The main contents of the terms and conditions of the instant parcelling-out guarantee agreement (hereinafter “instant parcelling-out guarantee agreement”) are as follows.

Article 1 (Definitions of Terms)

1. The term “guaranteed Company” refers to the Defendant.

2. The term “principal obligor” means an executor as described in the letter of guarantee.

3. The term "guarantee Creditor" means a person who has entered into a contract for the sale of a house (including the transferee of the right to purchase a house) with the primary debtor for the business specified in the certificate;

4. The term "guarantee incident" means a case where the Guarantee Company notifies the guaranty creditor of the suspension of the payment of the occupancy deposit or the change in the account for the occupancy deposit due to any of the following causes:

The principal debtor may not perform the housing sale contract due to a default of bankruptcy or bankruptcy.