logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2014.10.30 2014가단107778
구상금
Text

1. The defendant shall pay 22,120,887 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. According to the Defendant’s guarantee request, the Plaintiff issued to the Defendant a housing finance credit guarantee certificate with the following content as to the obligation to repay the principal and interest of a loan granted by the Defendant from the Hanyang Branch of the Housing Bank (the mutual change to the National Bank thereafter) for the purpose of lease funds:

(a) Guarantee number: B2: Guarantee period of October 29, 2001: 8 years after loan treatment: Guarantee amount of KRW 16,000,000: Lease money;

B. The Defendant lost the benefit of time, such as delayed repayment of the loan granted based on the above housing financial credit guarantee agreement, and concluded a housing financial credit guarantee agreement with the purport that the Plaintiff would pay the Plaintiff the amount of the loan to the Plaintiff, if the Plaintiff performed the guaranteed obligation on behalf of the Defendant, by subrogation of the Defendant.

C. On October 29, 2001, the Defendant obtained a housing loan of KRW 16,00,000 from the said Housing Bank, based on the housing finance credit guarantee certificate issued by the Plaintiff.

The defendant lost the benefit of time and caused a cause for claiming the performance of the guaranteed obligation, and the plaintiff paid the amount of KRW 16,908,977 on June 19, 2003 by subrogation of the defendant.

(e) The rate of delay damages shall be 20% per annum from June 19, 2003 to July 1, 2004, the date of the Plaintiff’s subrogation, from July 1, 2004, 15% per annum from July 2, 2004 to November 30, 2012, and 12% per annum from December 1, 2012.

F. The Plaintiff recovered from the Defendant KRW 46,620 on June 19, 2003, KRW 72,040 on July 27, 2004, KRW 297,980 on March 29, 2005, and KRW 17,895,992 on February 21, 2012.

(g) the outstanding amount is KRW 22,120,887.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay KRW 22,120,887 to the Plaintiff.

3. citing the Plaintiff’s claim for conclusion

arrow