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(영문) 부산지방법원동부지원 2017.07.12 2017가단200728
구상금
Text

1. As to KRW 55,187,154 and KRW 55,030,460 among them, the Defendant shall pay to the Plaintiff the year from August 12, 2016 to January 26, 2017.

Reasons

1. Basic facts

A. The Defendant is the legal spouse of B and B who completed the marriage report on April 9, 2014.

B. B entered into a housing finance credit guarantee agreement with the Plaintiff, which is the managing agency of the Housing Finance Credit Guarantee Fund (hereinafter “instant credit guarantee agreement”), and was issued a credit guarantee certificate as follows on March 12, 2014.

- Guaranteed principal: 54,00,000 won - Fund type: Workers’ Lease Fund - Details of goods: Busan-gun Apartment 904 (hereinafter “instant apartment”): 100,000,000 won

C. B thereafter: B

The credit guarantee statement stated in paragraph (1) was submitted as security to our bank (hereinafter “Korea bank”) and received from our bank the National Housing Fund loan of KRW 54,000,000 (hereinafter “instant loan”).

B Around April 7, 2016, due to delinquency in payment of principal, lost the benefit of the term of the instant loan due to the delay in payment of principal, and upon the Plaintiff’s request for the performance of the guaranteed obligation of the Bank, the Plaintiff subrogated to the Bank KRW 55,030,460 for the principal and interest of the instant loan on August 11, 2016.

E. According to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation, B shall pay to the Plaintiff the amount of the guaranteed obligation and the damages for delay calculated at the rate determined based on the Plaintiff’s governing law order. Accordingly, the rate of damages for delay is 8% per annum from September 1, 2015.

F. In addition, according to the credit guarantee agreement in this case, B agreed to pay additional guarantee fees and legal procedure expenses incurred for the enforcement or preservation of claims for indemnity which are imposed on the amount not paid within the given period among the guarantee fees and obligations guaranteed under the credit guarantee agreement in this case and the governing law order. The additional guarantee fees are KRW 87,930, and the legal procedure expenses incurred by the Plaintiff in order to preserve claims for indemnity in this case are KRW 68,764.

G. On the other hand, B is against our bank.

as described in paragraph (1).

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