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(영문) 인천지방법원 2015.06.03 2014가단214495
구상금
Text

1. As to KRW 3,399,877 and KRW 15,671,431 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 13, 2014 to March 10, 2014.

Reasons

1. Basic facts

A. 1) The Defendant, U.S. Construction Co., Ltd. (hereinafter “U.S. Construction”)

(B) Jung-gu, Incheon, Jung-gu, 108 Dong 901 (hereinafter referred to as the “instant apartment”).

(2) On January 6, 2010, the Plaintiff and the Defendant entered into a housing finance credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant on a set of KRW 125,980,00 as the guaranteed amount, and three years from the date of the guarantee period loan with respect to an intermediate payment loan that the Defendant receives from the Bank. The Defendant was granted a loan of KRW 125,980,000 from the Bank on January 6, 201 pursuant to the credit guarantee agreement.

3) On December 6, 2011, the Plaintiff entered into a housing finance credit guarantee agreement between the Defendant and the Defendant on a fixed basis as the guaranteed principal 25,220,000 won and one year and one month from the date of the guarantee period loan with respect to an intermediate payment to be received by the Defendant from our bank (hereinafter “the second credit guarantee agreement”), and the total amount of the first credit guarantee agreement and the second credit guarantee agreement is referred to as the “instant credit guarantee agreement”.

The Defendant concluded a credit guarantee agreement. Under the credit guarantee agreement, the Defendant re-loaned KRW 25,220,00 from the Bank on December 6, 201, with interest fluctuation rate fixed on December 31, 2012. 4) The credit guarantee agreement of this case includes that the Defendant shall pay to the Plaintiff the fees, guarantee fees, overdue fees, and the period of payment determined by the Plaintiff based on the Korea Housing Finance Corporation, etc. based on the rate, calculation method, and collection method and the period of the Plaintiff’s reimbursement. In the event the Plaintiff’s performance of the guaranteed obligation, the amount, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the repayment of the guaranteed obligation, and damages for delay at the interest rate determined by the Plaintiff. Accordingly, the rate of damages for delay after December 1, 201

B. One defendant, such as repayment of guaranteed obligation, shall pay the principal and interest of each such loan.

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