(영문) 서울중앙지방법원 2018.11.28 2018나36693

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(영문) 서울중앙지방법원 2018.11.28 2018나36693

구상금

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1. The judgment of the court of first instance is modified as follows.

The defendant shall scope of the property inherited from the deceased B to the plaintiff.

Reasons

1. Indication of claim;

A. On April 20, 201, the Plaintiff, a management agency of the Housing Finance Credit Guarantee Fund, concluded a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) on April 20, 201 between the deceased and the non-party E (hereinafter “non-party E”), setting the guarantee amount of KRW 13,50,000, and the term of guarantee as of April 20, 2013. Based on the instant credit guarantee agreement, on April 20, 201, the Plaintiff issued a housing finance credit guarantee agreement with the deceased on April 20, 201, the guarantee amount of KRW 13,50,000, and the term of guarantee was changed to April 20, 2017.

B. On April 20, 201, the Deceased took out a loan of KRW 15,00,000,000 on April 20, 201, which was due from the bank of the non-party on the security of the said housing finance credit guarantee.

(hereinafter referred to as “instant loan”). Afterwards, the Deceased and the Non-Party Bank changed the repayment period of the instant loan to April 20, 2017 due to the change of the guarantee period of the said Housing Finance Credit Guarantee.

C. On April 20, 2017, the deceased did not repay the instant loan by April 20, the changed due date. Accordingly, on August 4, 2017, the Plaintiff subrogated to Nonparty Bank for the total amount of KRW 7,297,640 (i.e., principal amount of KRW 7,200,000 + interest KRW 97,640) upon Nonparty Bank’s demand to discharge the guaranteed obligation.

Meanwhile, at the time of the credit guarantee agreement of this case, matters concerning the payment of guarantee fees, fines for negligence, penalty, and damages, the refund of guarantee fees of the management institution, etc. were agreed to follow as prescribed by the head of the management institution. The penalty determined by the Plaintiff, the management institution, is an amount calculated by multiplying the unpaid amount by a specified rate (0.4% in the case of the network) for the deceased, who is the guarantor, fails to perform the principal obligation within the given period.

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