구상금 등
1. The Plaintiff:
A. As to KRW 90,07,971 and KRW 89,870,241 among them, Defendant A shall have from August 14, 2015 to August 31, 2015.
1. Determination on the cause of the claim
A. On May 9, 2014, Defendant A entered into a loan agreement with a national bank, an institution entrusted with the business of the Plaintiff, which is the managing agency of the Housing Finance Credit Guarantee Fund, to guarantee the Plaintiff’s debt within the limit of KRW 88.2 million. (2) In the event of the above agreement, Defendant A agreed to pay the money paid for the performance of the obligation when the Plaintiff performed the obligation, damages therefor, and all other incidental expenses.
The ratio of damages for delay determined by the Plaintiff shall be 20% per annum from the date of performing the guaranteed obligation until July 1, 2004, 15% per annum from the following day to November 30, 2012, 12% per annum from the next day to August 31, 2015, and 8% per annum from the next day to the date.
3) On the same day, a housing finance credit guarantee certificate was issued pursuant to the above agreement, and Defendant A loaned KRW 98 million from the National Bank as security to the above guarantee amount. 4) Defendant A lost the benefit of time under the terms and conditions of loan on March 12, 2015, and Defendant A claimed against the Plaintiff for the performance of the guaranteed obligation against Defendant A.
5) On August 13, 2015, the Plaintiff paid KRW 89,870,241 in subrogation of the Defendant to the National Bank on behalf of the Defendant A. Meanwhile, an additional guarantee fee under the terms and conditions of the Defendant A is KRW 137,730.6) However, the Defendant A’s aforementioned agreement on employee deposit loan loans and the housing finance credit guarantee agreement with the Defendant was made by deception, such as submitting a false lease agreement with the Defendant B.
The details of the specific deception are as shown in the attached facts of crime.
B. 1) According to the above facts of recognition, Defendant A shall pay the Plaintiff indemnity amounting to KRW 90,007,971 (i.e., KRW 89,870,241 won, KRW 137,730, and the subrogation amounting to KRW 89,870,241, which is the day following the date of subrogation, from August 14, 2015 to August 31, 2015.