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(영문) 서울중앙지방법원 2015.06.25 2015가단5012942
구상금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff within the limit of KRW 34,560,00,000, as well as KRW 29,973,700.

Reasons

1. Facts of recognition;

A. On October 1, 2009, according to Defendant A’s guarantee request, the Plaintiff entered into a housing finance credit guarantee agreement with the term of 28,800,000, and November 25, 2015 with respect to the principal and interest of the housing finance loan to be loaned from the bank by Defendant A (i.e., the Defendant agreed to pay, without delay, the amount of subrogated and the amount of damages for delay determined by the Plaintiff from the date of payment to the date of full payment of the indemnity obligation when the Plaintiff performed the guaranteed obligation due to the failure to perform the principal obligation against Korea bank). At the time of the said agreement, Defendant B, as the maximum amount of the guaranteed obligation, jointly and severally guaranteed all the obligations to be borne by Defendant A to the Plaintiff at present or future.

B. On October 1, 2009, the Plaintiff issued 1 copy of a housing finance credit guarantee statement with the same contents as the principal of the guarantee agreement and the term of guarantee.

C. Defendant A entered into an agreement with Korea bank to lend general housing fund loans with the purport that if a guarantee accident occurs, such as delayed payment of the loan amount of 32 million won or interest, etc. with the said credit guarantee statement as security, Defendant A would lose the benefit of all obligations, and received the above money.

Defendant A lost the benefit of time on April 18, 2014, and caused an accident of guarantee. Upon the request of the Bank of Korea, the Plaintiff subrogated for KRW 30,024,350 to the Bank on January 8, 2015.

E. The Plaintiff recovered KRW 50,650 from Defendant A on the date of the said subrogation and appropriated it to the principal of the said claim for reimbursement, and the remaining subrogation amount is KRW 29,973,700.

F. The rate of delay damages for the claim for reimbursement due to the Plaintiff’s subrogation is 12% per annum from December 1, 2012 to December.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants shall be jointly and severally, and the defendants B shall be 34,560.

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