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(영문) 서울중앙지방법원 2018.12.14 2018가단5110830
구상금
Text

1. As to KRW 59,399,627 and KRW 58,602,947 among the Plaintiff, Defendant A shall be from November 14, 2015 to May 31, 2018.

Reasons

1. Facts of recognition;

A. On March 22, 2013, the Plaintiff entered into a credit guarantee agreement under the Korea Housing Finance Corporation Act (hereinafter “the instant credit guarantee agreement”) with Defendant A, setting the credit guarantee limit amount as KRW 57.6 million, and issued a written credit guarantee agreement with the new bank to the new bank, with regard to the credit guarantee obligations to be borne by a loan between Defendant A and the new bank (hereinafter “new bank”) from March 22, 2013 to March 30, 2015.

The main contents of the Credit Guarantee Agreement are as follows.

Article 1 (Quasi-Acts, etc.) (1) Recognizing that the provisions on operating regulations and guarantees of the Korea Housing Finance Corporation, the Enforcement Decree of the Korea Housing Finance Corporation Act, the regulations on operating regulations of the Corporation, and the regulations on operating regulations and guarantees of the Corporation shall be implemented as part of this Agreement, and if the provisions on operating regulations and guarantees of the Korea Housing Finance Corporation, the Enforcement Decree of the Korea Housing Finance Corporation

(1) Article 4 (Guarantee Fees, etc.) (1) of the Act provides that “The Plaintiff shall pay the principal and subordinate obligations guaranteed by the Plaintiff by the due date and the due date, and the amount of calculation and collection prescribed by the Plaintiff based on the governing law order, etc.” Article 1 of the Act provides that “The Plaintiff shall pay the principal and subordinate obligations guaranteed by the Plaintiff by the due date, and make it impossible for the Plaintiff to discharge the guaranteed obligations.” Article 5 (Obligation to Pay the principal and subordinate obligations) (1) of the Act provides that “When the Plaintiff performs the guaranteed obligations, the Plaintiff shall repay the amount and the amount of damages at the rate determined by the Plaintiff based on the governing law order, etc. under Article 1.” (2) The method of calculating the amount of damages under paragraph (1) shall be governed by the governing law order, etc. under Article 1.

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