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(영문) 서울중앙지방법원 2020.02.19 2018가단5171118
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A and C jointly share KRW 128,048,024 and their related thereto from November 18, 2017 to April 16, 2019.

Reasons

1. Facts of recognition;

A. On May 2, 2016, Defendant A and Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B on the condition that the lease deposit shall be KRW 250 million from May 10, 2016 to May 9, 2018, and the lease deposit shall be KRW 250 million from May 10, 2016 to May 10, 2018 (24 months). Defendant A and the remainder of KRW 225 million shall be paid on the contractual date and shall be paid on May 10, 2016 (hereinafter “instant lease agreement”).

On May 9, 2016, Defendant A submitted the instant lease agreement to the F Co., Ltd. (hereinafter “F”) after filing a move-in report on the instant real estate and obtaining a fixed date, in order to apply for a loan of the lease fund.

B. On May 10, 2016, F, who was entrusted with a housing finance credit guarantee business by the Plaintiff, concluded a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A, which provides for the guarantee principal of KRW 1226 million (90%) and the guarantee period from May 10, 2016 to May 10, 2018, in order to secure the Defendant A’s loan obligation for the entire loan.

C. On May 10, 2016, F extended a loan of KRW 140 million to Defendant A under the name of a general housing loan (hereinafter “instant loan”) as security for the said housing credit guarantee certificate, and directly wired the said loan to Defendant B’s G bank account under the name of Defendant B’s lease deposit.

As Defendant A lost the benefit of time due to his failure to fully repay the principal and interest of this case, F demanded the Plaintiff to pay the guaranteed debt under the Housing Finance Credit Guarantee Agreement, and the Plaintiff subrogated to F on November 17, 2017 KRW 128,253,804 (i.e., principal interest of KRW 126,00,000,000, KRW 2289,090, KRW 421,095 - deducted KRW 456,381).

[Ground of recognition] Defendant A and C: Confession (Article 150 of the Civil Procedure Act) Defendant B: There is no dispute.

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