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(영문) 서울중앙지방법원 2016.11.29 2015가단5341671
구상금 등
Text

1. Defendant A’s KRW 59,933,230 as well as 12% per annum from August 7, 2014 to August 31, 2015.

Reasons

1. The following facts are established as follows. ① The plaintiff and the defendant may be acknowledged in full view of the whole purport of the arguments as to the statements in the evidence Nos. 1 and 12, and ② The plaintiff and the defendant No. 1 and 12 may be acknowledged in full view of the whole purport of the arguments.

The plaintiff's status is a corporation established under the Korea Housing Finance Corporation Act with the aim of promoting the long-term and stable supply of housing finance by implementing the securitization of mortgage-backed claims, etc. and the business of credit guarantee for housing finance, and contributing to the promotion of people's welfare and the development of the national economy.

B. On June 14, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A on KRW 58,500,000 out of the total amount of 65,000,000 of the loan granted under the condition that the basic terms and conditions of credit transaction with Defendant A apply to the credit guarantee and subrogation for Defendant A.

(1) A loan institution: A loan institution: The principal of guarantee: KRW 58,500,000 in Korea’s bank; (3) The subordinate obligations: The amount of guarantee fees, administrative fines, penalty, etc. calculated based on the rate of damages determined by the Plaintiff within the scope of the relevant Acts and subordinate statutes; and (4) The payment of guarantee fees, administrative fines, and penalty, etc. shall be based on the rate, calculation method, and collection period determined by the Plaintiff; and Defendant A lost profits under a loan agreement with Korea bank on April 10, 2014; and the Plaintiff subrogated the bank to pay KRW 60,083,720 in total, including the principal guaranteed, KRW 58,50,00, interest 1,396,30 in Korea on August 6, 2014.

Since then, the remaining balance remains after collecting KRW 150,490 from Defendant A is KRW 59,933,230.

The rate of damages set by the Plaintiff is 12% per annum from December 1, 2012 to August 31, 2015, and the next day is 8% per annum.

(c).

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