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(영문) 서울서부지방법원 2018.05.11 2018나30188
구상금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay KRW 206,483 to the plaintiff.

3. Action.

Reasons

1. The plaintiff claimed against the defendant for the payment of 11,875,584 won by subrogation and damages for delay of final delay, 123,53 won by subrogation, and 82,950 won by additional guarantee fees. The first instance court accepted only the amount of subrogation 11,875,584 won by subrogation and damages for delay, and dismissed the confirmation damages and additional guarantee fees.

Since only the plaintiff appealed on the part against it, the object of this Court's adjudication is limited to the claim for the fixed damages for delay and the additional guarantee fees.

2. Basic facts

A. On July 3, 2009, the Plaintiff concluded a housing finance credit guarantee agreement with the Defendant during the period from July 3, 2009 to July 2, 2011, with respect to the obligation that the Defendant would have assumed with a housing financing loan from the Korean bank (hereinafter “Korea bank”), by setting the coverage amount of KRW 12,600,000, and the guarantee period of KRW 12,600,000.

(hereinafter “instant guarantee agreement”). B.

The Defendant submitted to the Bank a credit guarantee statement issued under the instant guarantee agreement, and borrowed KRW 14,00,000 from the Bank on July 3, 2009.

C. At the time of the instant guarantee contract, the Plaintiff and the Defendant, if the Plaintiff performed the guaranteed obligation to the above bank due to the Defendant’s delay in repayment of the loan and the loss of the due date, the Defendant decided to pay the said subrogated amount and the damages for delay in accordance with the interest rate as determined by the Plaintiff, and the matters concerning the guarantee fee, overdue guarantee fee, additional guarantee fee, etc., which are the payment for the credit guarantee, were to follow the rate and calculation method

On March 28, 2012, the Plaintiff paid 12,475,584 won (i.e., principal amount of KRW 12,600,000, interest of KRW 411,480 - offset amount of KRW 535,896) to the Bank upon the performance of the obligation under the instant guarantee agreement.

E. As to the instant guarantee agreement, the Plaintiff collected KRW 300,000,000 on September 27, 2013, and KRW 300,000 on October 30, 2013, and entered in the clause (d).

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