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(영문) 인천지방법원 2017.04.12 2016가단213458
구상금
Text

1. The Defendant’s KRW 210,733,224 and KRW 208,536,374 among them shall be the Plaintiff from December 21, 2013 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On March 2, 2010, the Plaintiff issued a housing finance credit guarantee (guarantee number B and C) with the guarantee amount of KRW 164,650,00 as of March 2, 201; KRW 32,930,00 as of December 2, 201; and KRW 32,930,00 as the guarantee amount; and KRW 1 year and 3 months as of December 2, 201 as of December 2, 201, thereby guaranteeing the Defendant’s obligation to pay the principal and interest to our bank.

B. The Defendant agreed to pay the Plaintiff the amount of the Plaintiff’s performance and the amount of damages according to the Plaintiff’s calculation method, and other incidental liabilities, etc., if the Plaintiff discharged the guaranteed obligation by losing the interest of the repayment due to the delayed repayment of the loan granted based on each of the above housing credit guarantee agreements.

C. The Defendant, based on the above Housing Finance Credit Guarantee Agreement, was granted loans of KRW 164,650,000 and KRW 32,930,000 from the Bank respectively.

Since then, the defendant lost the benefit of time, and the plaintiff paid the amount of KRW 34,756,060 on December 20, 2013 by subrogation of the defendant.

E. In addition, the Defendant concluded each house financial credit guarantee agreement with the Plaintiff, and paid guarantee fees and damages for delay thereof. The Defendant remains 1,114,020 won, including attempted guarantee fees and losses for delay incurred prior to the performance of the above guaranteed obligation.

F. The rate of damages determined by the Plaintiff pursuant to each of the above housing finance credit guarantee agreements is 12% per annum from December 21, 2013 to August 31, 2015, the day following the date of subrogation by the Plaintiff, and 8% per annum from September 1, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Gap's 7-1, 2, and 8, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff 210,73,224 won [208,536,374 won in total (173,780,314 won in total (173,780,314 won in total) and 1,114,020 won in total (1,114,020 won in total), including an attempted guarantee fee in advance of KRW 1,082,830 in total), and the subrogated payment (208,536.

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