logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.05.17 2015나25225
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On 2009, the Defendant entered into a sales contract and a loan agreement with the executor with respect to the Suwon-si B apartment 206 dong 1302 (hereinafter “the apartment of this case”) (hereinafter “instant apartment”), which is the executor, the Korea Development Bank Co., Ltd., the Si Co., Ltd., and the same dispute settlement bank, which is the Si Co., Ltd. (hereinafter “execution company and the Si Co., Ltd.”)

(2) On August 14, 2009, the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) loaned part payments to the Plaintiff’s Intervenor and the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) within the limit of 20% of the total purchase price.

(3) On September 28, 2009, the Plaintiff entered into a housing credit guarantee agreement with the Defendant to guarantee the payment of an intermediate payment loan to the Defendant’s Intervenor (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”).

() Under the above credit guarantee agreement, the event and the Si Corporation jointly and severally guaranteed the Defendant’s indemnity liability against the Plaintiff. The Plaintiff issued the Defendant a credit guarantee certificate with the principal of the guaranteed principal of KRW 143,806,00 and one year after the term of the guaranteed loan. In the instant credit guarantee agreement, the Plaintiff may collect additional guarantee fees from the Defendant in accordance with the interest rate and calculation method set by the Plaintiff as to the amount not paid by the Defendant, and where the Plaintiff performed the guaranteed obligation, the Defendant paid the amount of the performance and 15% per annum from May 17, 201 to November 30, 2012, the following day of the payment by subrogation, and 12% per annum from the next day to the date to September 28, 2009 (4) pursuant to the instant credit guarantee agreement.

arrow