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(영문) 서울중앙지방법원 2019.08.16 2018나49552

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B around October 2012, 2012, the Seoul Gangnam-gu International Apartment J (hereinafter “instant apartment”) owned by F and around October 2012

2) As to the lease contract of this case (hereinafter “instant lease contract”) entered into with “Deposit 260,000,000,000 won, lessor F, and lessee B”

2) On November 26, 2012, B prepared a loan against security of security of security of security of security of security of security deposit at A, Ma located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and submitted the relevant documents, such as the lease contract, which was falsely prepared even if the loan was not actually executed, and there was no intention or ability to pay the principal and interest of security of security deposit.

3) On November 27, 2012, the Defendant, as an institution entrusted with the Plaintiff’s housing credit guarantee business, entered into a housing credit guarantee agreement with the Plaintiff under the name of the Plaintiff, setting forth as between November 18, 2014 the guaranteed principal, as between November 27, 2012, and as between November 18, 2014, concluded a housing credit guarantee agreement with the Defendant as the creditor and the neighboring pledgee, and issued a housing credit guarantee agreement to B on December 4, 2012, and issued a housing credit guarantee certificate to B on December 4, 2012.

(hereinafter “instant loan”). (b)

On January 2, 2013, the Plaintiff’s subrogated B lost the benefit of time due to the instant loan obligation. Accordingly, on May 29, 2013, the Plaintiff subrogated the Defendant to pay the principal amount of KRW 82,788,835 (i.e., the principal amount of KRW 81,00,000 and interest KRW 1,788,835).

C. However, on May 22, 2013, prior to the receipt of the above subrogation, the Defendant requested the Plaintiff to “Notice of Facts of the pledge” and the Seoul Southern Vice-Governor of the Korea Housing Finance Corporation.