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(영문) 대구지방법원서부지원 2012.05.17 2011가합1751
채무부존재확인등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. (1) The Korea Housing and Commercial Bank (the Korea Housing and Commercial Bank was converted into a stock company on August 30, 1997; hereinafter “Housing Bank”) designated the Housing Finance Credit Guarantee Fund (hereinafter “Fund”) pursuant to Article 14(1) of the former Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers (amended by Act No. 5541 on May 25, 1998 and enforced January 1, 1999) as the management institution of the Housing Finance Credit Guarantee Fund (hereinafter “Fund”) and managed the Fund.

(2) On June 23, 1997, the Housing Bank concluded a housing finance credit guarantee agreement (hereinafter referred to as the "credit guarantee agreement of this case") with the content that, in the position of the Fund management agency, the Cju Construction Co., Ltd. (hereinafter referred to as the "Cju Construction") and Cju Construction is to obtain a loan from the Housing Bank as a housing financial institution, the guaranteed amount is KRW 4.5 billion, and the term of guarantee is set as until March 22, 1998, and the term of guarantee is to provide a credit guarantee.

(3) At the time of the instant credit guarantee agreement, the Housing Bank, as a fund management agency, intended to comply with the terms and conditions as stipulated in the Housing Finance Credit Guarantee Terms and Conditions (hereinafter “Terms and Conditions”), and issued the Housing Finance Credit Guarantee Terms and Conditions (hereinafter “Terms and Conditions”) to the Housing Bank as a housing financial institution to guarantee the rights and obligations under the said terms and conditions.

According to the terms and conditions, a housing financial institution may not modify the terms and conditions of a loan agreement that may affect the guaranteed liability, such as a change of the term of the loan without the consent of the Fund management agency (Article 5(1) of the Terms and Conditions), and shall not be liable for all or part of the guaranteed liability if it violates such terms and conditions (Article 15 subparag. 5 of the Terms and Conditions). In such a case, the scope of exemption of the Fund management

(Article 16 of the Terms and Conditions). According to this exemption criteria, the terms of the lending agreement shall be without the consent of the Fund management agency.

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