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(영문) 인천지방법원 2016.11.15 2016가단242869
구상금
Text

1. The Defendant’s KRW 148,946,979 among the Plaintiff and KRW 147,99,296 among the Plaintiff, shall be from March 1, 2014 to August 31, 2015.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 6, the facts in the separate sheet as to the cause of the claim (However, each “creditor” shall be deemed each “Plaintiff,” and each “debtor” shall be deemed each “Defendant,” respectively) can be acknowledged.

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 148,946,99,296 won in subrogation, 743 won in fixed delay damages, 943,040 won in additional guarantee fees, 3,900 won in arrears, and 147,99,296 won in subrogation, which is the agreed rate of 12% in each year from March 1, 2014 to August 31, 2015, and from the next day to August 18, 2016, the original copy of the instant payment order as requested by the plaintiff until August 18, 2016, damages for delay calculated at 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of subrogation.

3. Judgment on the defendant's assertion

A. A summary of the assertion 1) The credit guarantee agreement asserted by the Plaintiff was concluded at the same time as a collective loan agreement, and the Plaintiff’s side did not comply with the duty to clearly explain and explain the credit guarantee at the time of the collective loan agreement (hereinafter “section 1”).

(2) The Plaintiff does not recover the amount of subrogation from the Defendant’s individual; rather, the Plaintiff shall recover the amount of subrogation by claiming subrogation against the executor and the contractor pursuant to the intermediate payment service agreement between the executor and the lending financial institution; or shall recover the amount of subrogation by means of the public sale of the apartment sold by the Defendant.

(hereinafter referred to as the “section 2”). (b)

Judgment

1) According to the evidence No. 1 of the judgment on Section 1 of the Credit Guarantee Agreement, the defendant's name and address are written in his/her credit guarantee agreement, and seals are affixed, and documents are received in several places of the said credit guarantee agreement.

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