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(영문) 서울중앙지방법원 2017.01.13 2015가단5397216

구상금

Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 58,366,840 and KRW 57,974,640 among them, Defendant A shall be from May 28, 2014 to August 31, 2015.

Reasons

1. The following facts are established based on the following facts: (i) evidence No. 1, evidence No. 2-1 through 3, evidence No. 3, evidence No. 4, evidence No. 5-1 through 5, evidence No. 6-1 through 3, evidence No. 7-2, evidence No. 8, evidence No. 9, evidence No. 10, and evidence No. 11; and (ii) evidence No. 1, evidence No. 2-1 through No. 3, evidence No. 3, evidence No. 4, evidence No. 5-1 through No. 7, evidence No. 1-2, evidence No. 8, evidence No. 9, evidence No. 10, and evidence No. 111 are acknowledged based on the whole purport of the pleading; and (iii) evidence No. 1 to No. 3, evidence No. 3, evidence No. 4, evidence No. 5-1 through 3, evidence No. 7-1, No. 8-1, and No. 10, evidence No.

A. The Plaintiff is a legal entity established under the Korea Housing Finance Corporation Act to promote the long-term and stable supply of housing finance, etc. by conducting the securitization of mortgage-backed claims, etc. and the housing finance credit guarantee business, and to contribute to the promotion of the welfare of citizens and the development of the national economy, and the Housing Finance Credit Guarantee Fund is established within the Plaintiff

B. On September 28, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A regarding KRW 54,00,000 out of KRW 60,000 of the Workers’ Housing Lease Fund, which was loaned under the condition that the basic terms and conditions of credit transaction between Defendant A and the Bank of Korea (hereinafter “Korea Bank”) were applied.

(1) Subordinate liabilities: The amount of damages for delay calculated according to the rate of damages determined by the plaintiff within the scope of Article 42 of the Korea Housing Finance Corporation Act and Article 27 of the Enforcement Decree of the same Act.