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(영문) 서울중앙지방법원 2018.08.21 2018나11328
보증채무금
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. The plaintiff and the defendant's entrustment contract for a housing finance credit guarantee is a company that performs the banking business prescribed by the Banking Act, and the defendant is a public corporation established under the Korea Housing Finance Corporation Act, which is a housing finance credit guarantee

On May 2007, the Plaintiff entered into a contract on the business of housing finance credit guarantee between the Defendant and the Defendant. Accordingly, the Plaintiff has partially performed the housing finance credit guarantee business as an entrusted institution for the Defendant’s business.

B. The Plaintiff’s loan and the Defendant’s credit guarantee provided each of the following loans to the borrower as follows (the loan interest rate of 2.66% per annum; hereinafter “instant loan”).

On the other hand, the Plaintiff, as an institution entrusted with the Defendant’s housing finance credit guarantee business, participated in the conclusion of each credit guarantee contract between the borrower and the Defendant with respect to the instant loan from the said borrower, and thereafter, the Defendant issued each credit guarantee certificate with the amount of each guarantee loan available as the guarantee limit amount under each of the above credit guarantee contracts

(hereinafter “the instant credit guarantee”). In addition, the Plaintiff registered the establishment of each of the houses owned by the said borrower as to the instant loan on the following lending date.

(1) On June 4, 2013.6. 35,000,000,000 26,40,400,000 17,500,900,900,000 8,900,000 31,680,680,000 17,50,500,000 B B on May 23, 2013;

C. The Plaintiff’s refusal to partially fulfill the Defendant’s guaranteed obligation caused a guarantee accident in which the borrower of the instant loan did not pay interest, and the amount of KRW 17,077,628 in the balance of A’s guaranteed loan (i.e., principal KRW 15,692,937 KRW 1,384,691) on March 22, 2016, and KRW 20,707,588 in the balance of B’s guaranteed guaranteed loan on March 9, 2016 = principal amount of KRW 18,746.

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