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(영문) 서울중앙지방법원 2018.06.01 2017가단5179870
구상금
Text

1. Defendant A’s KRW 38,893,149 for the Plaintiff and KRW 12% per annum from April 18, 2014 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On September 13, 2012, the Plaintiff entered into a credit guarantee agreement under the Korea Housing Finance Corporation Act (hereinafter “the instant credit guarantee agreement”) with Defendant A to set the credit guarantee limit amount at KRW 37.8 million with respect to the credit guarantee obligations to be borne by the Defendant A from September 13, 2012 to September 13, 2014 by means of loans from the Korea Bank (hereinafter “Korea Bank”), and issued a written credit guarantee agreement with the Korea Bank.

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

Article 1 (Quasi-Acts, etc.) (1) The Korea Housing Finance Corporation Act, the Enforcement Decree thereof, the Digital Signature Act and the Framework Act on Electronic Commerce, and the regulations on operating and guarantee of the Corporation shall be recognized and implemented as part of this Agreement. If the regulations on electronic commerce, such as the Korea Housing Finance Corporation Act, the Enforcement Decree thereof, the Digital Signature Act, and the Framework Act on Electronic Commerce, and the regulations on operating and guarantee of the Corporation, are modified, the relevant provisions of this Agreement shall be deemed to be modified accordingly.

B. Article 4 (Guarantee Fees, etc.) (1) The matters concerning the payment of guarantee fees, overdue fees, additional guarantee fees, and the refund of the Plaintiff’s guarantee fees shall be governed by the rate, calculation method, and collection period determined by the Plaintiff based on the governing law order, etc. under Article 1. Article 5 (Obligation to Fulfill Principal and Subordinate Obligations) of the Plaintiff is to prevent the Plaintiff from performing the guaranteed obligation by paying in full the principal and subordinate obligations guaranteed by the Plaintiff by the due date. Article 10 (Refund of Guarantee Obligations, etc.) (1) of the Plaintiff may, in the event the Plaintiff performed the guaranteed obligation, refund the amount thereof and the damages at the rate determined by the Plaintiff based on the governing law order, etc. under Article 1. (2) The calculation method of damages under paragraph (1) shall be governed by the Plaintiff based on the governing law order, etc. under Article 1

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