beta
(영문) 청주지방법원 2017.07.20 2017가단105289

구상금

Text

1. The defendant shall pay to the plaintiff 54,449,979 won and 52,456,839 won among them. From May 31, 2005 to April 4, 2006.

Reasons

1. Determination on the cause of the claim

A. 1) The Credit Guarantee Fund shall be deemed to be the Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers (amended by Act No. 7030 of Dec. 31, 2003 and replaced by the Korea Housing Finance Corporation; hereinafter “Housing Stabilization Act”).

(2) On May 16, 2002, the Korea Housing Finance Credit Guarantee Fund concluded a housing credit guarantee agreement between B and B between B and the National Bank of Korea (hereinafter “National Bank”) with a view to guaranteeing the repayment of housing finance obligations borrowed from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), with a view to guaranteeing the payment of the guaranteed principal, 50,000,000, and the guarantee period from May 16, 2002 to May 16, 2005.

3) According to the above credit guarantee agreement, the Credit Guarantee Fund guarantees the payment of the principal and interest of loan and all kinds of incidental expenses to a national bank by the Credit Guarantee Fund, and B, when the Credit Guarantee Fund performs the guaranteed obligation under the above credit guarantee agreement, shall pay the amount of subrogated payment made by the Credit Guarantee Fund for the performance of the guaranteed obligation, and damages for delay at the rate of 15% per annum, which is the interest rate for delay as stipulated in the above housing stability legislation and the relevant regulations, from the date of payment to the date of full payment, plus the guarantee fee, fine, penalty, damages, substitute payment, etc. arising from the credit guarantee agreement. (4) B, upon receipt of a credit guarantee certificate from the Credit Guarantee Fund on May 16, 2002, made a loan to the national bank, and submitted it to the national bank with a new loan amount of KRW 176,00,000,000,000 from May 23, 2002, the Credit Guarantee Fund concluded a credit guarantee agreement between the defendant and the guarantee principal, as of the same day, and the Housing Credit Guarantee Fund concluded between the guarantee agreement.