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(영문) 인천지방법원 2014.11.28 2014가합10560
구상금
Text

1. The sales contract concluded on April 17, 2013 between the Defendant and A with respect to the real estate stated in the separate sheet between the Defendant and A is 25.

Reasons

1. Basic facts

A. 1) The Korea Technology Credit Guarantee Fund against A (Korea Technology Credit Guarantee Fund) is a stock company A (hereinafter “A”) on October 22, 2010.

As between Company A and the Bank, the Credit Guarantee Agreement between Company A and the Bank (hereinafter “instant Credit Guarantee Agreement”) providing a credit guarantee principal of KRW 360,000,000, and the term of guarantee until October 21, 201 (hereinafter “instant term of guarantee”).

(B) The term of guarantee was changed to October 18, 2013.

(2) Upon entering into the instant guarantee agreement, A and the Korea Technology Credit Guarantee Fund agreed to pay damages for delay calculated at the rate of delay determined by the Korea Technology Credit Guarantee Fund (12% per annum from July 30, 2013 to the date of full payment) within the limit of 25% per annum prescribed by the Korea Technology Credit Guarantee Fund (12% per annum from the date of vicarious payment and the date of full payment) when the Korea Technology Credit Guarantee Fund performs the guaranteed obligation under the instant guarantee agreement.

3) On March 30, 2013, A had caused a guarantee accident due to the delay of principal, and the Korea Technology Credit Guarantee Fund subrogated KRW 334,828,942 to the Industrial Bank of Korea under the instant guarantee agreement on July 30, 2013. Of the amount subrogated, KRW 392,860 out of the amount subrogated, the amount subrogated by the Korea Technology Credit Guarantee Fund still remains 334,436,082, and the amount subrogated by the Korea Technology Credit Guarantee Fund remains 392,86,082, and the amount for delay from the date subrogated to 392,860 won appropriated for the partial repayment of the amount subrogated to 392,860 won until the date appropriated is 129 won.

2) As to the sales contract of KRW 70,000,000 (hereinafter “instant sales contract”)

B. On April 22, 2013, the Defendant entered into the instant store and completed the registration of ownership transfer on the instant store.

C. The property A at the time of entering into the instant sales contract.

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