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(영문) 인천지방법원 2017.02.15 2016가단238068
구상금
Text

1. The Defendant’s annual interest in KRW 49,252,347 and KRW 10,717,521 among the Plaintiff, from March 1, 2014 to August 31, 2015.

Reasons

1. The facts in the separate sheet regarding the determination of the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1 through 8, Eul evidence No. 1, and the purport of the entire pleadings. Thus, the defendant has the obligation to pay to the plaintiff 49,252,347 won (10,717,521 won + determined damages + KRW 37,949,296 + additional guarantee fees + KRW 585,530), and the balance of subrogation 10,717,521 won, which is the day following the date of subrogation, to August 31, 2015; the agreement rate of 12% per annum from the following day to the date of August 22, 2016; and the annual interest rate of 8% per annum from the next day to the date when the decision of the payment order in this case was served to the defendant until the date of full payment 15% per annum.

2. As to the defendant's defense, the defendant received a loan from the non-party Korean land trust and received an intermediate payment from the Nonghyup Bank. The defendant entered into a housing finance credit guarantee contract with the plaintiff on the defendant's intermediate payment obligation against the defendant's Nonghyup Bank. The plaintiff did not explain to the defendant that the defendant entered into a guarantee contract on the part payment obligation against the defendant's Nonghyup Bank. The plaintiff did not provide the pertinent information or data and did not explain the contents thereof. The above housing finance credit guarantee contract in violation of the Terms and Conditions Regulation Act and the Enforcement Decree of the Banking Act is invalid as an unfair

According to each statement of evidence Nos. 1, 3, and 4, the defendant concluded a housing finance credit guarantee agreement and a loan agreement with the Nonghyup Bank entrusted by the plaintiff, and received a copy of the agreement, etc., and sought an explanation of the main contents, and signed and sealed each of the relevant documents stating the main contents of the credit guarantee agreement of this case.

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