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(영문) 인천지방법원 2016.09.07 2016가단216303
구상금
Text

1. The defendant is within the scope of the property inherited from the deceased B, and KRW 57,606,257 and KRW 57,580,387 among them.

Reasons

1. The following facts for the determination of the cause of the claim do not conflict between the parties:

The Plaintiff is a corporation established under the Korea Housing Finance Corporation Act (hereinafter “Corporation Act”) for the purpose of facilitating the long-term and stable supply of housing finance, etc. and contributing to the promotion of people’s welfare and the development of the national economy by carrying out the securitization of mortgage-backed claims, housing finance credit guarantee and guarantee business for reverse annuity mortgages (Article 1 of the same Act), and the Housing Finance Credit Guarantee Fund is established within the Plaintiff (Article 55 of the same Act) and entrusted its business to financial institutions in accordance with the provisions of Article 45 of the Corporation Act.

B. B requested one bank, an institution entrusted with the Plaintiff’s business, to guarantee the repayment of the principal and interest of the loan when receiving a loan from one bank. On January 25, 2013, one bank, an institution entrusted with the business, requested one bank to provide a housing finance credit guarantee, whichever is 56,70,000, out of the amount that B wants to obtain from one bank, entered into a housing finance credit guarantee agreement with the term of guarantee from January 25, 2013 to January 25, 2015. On January 25, 2013, one bank issued a housing finance credit guarantee agreement (guarantee number: C) to one bank, but changed the term of guarantee by January 25, 2017.

C. B at the time of a housing finance credit guarantee agreement with the Plaintiff, and at the time of the Plaintiff’s performance of the guaranteed obligation, the Plaintiff agreed to pay the amount, damages, and incidental expenses immediately. According to Article 42 of the above Construction Work Act, where the Plaintiff fulfilled the guaranteed obligation, the Plaintiff shall collect damages from the relevant Defendant within the extent not exceeding 20/10 per annum of the amount of the guaranteed obligation, as prescribed by Presidential Decree. The rate of damages determined by the Plaintiff is 20% per annum from January 1, 1999 to July 1, 2004.

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