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(영문) 인천지방법원 2015.06.03 2014가단214310
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,281,435 and KRW 15,406,732 from February 15, 2014 to February 24, 2014.

Reasons

1. Basic facts

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

(B) Jung-gu, Incheon, Jung-gu, 102, 2801 (hereinafter referred to as the “instant apartment”).

(2) On January 15, 2010, the Plaintiff and the Defendant entered into a housing finance credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant on a fixed period of KRW 127,330,00 as the guaranteed amount for an intermediate payment loan that the Defendant would receive from the Bank, and three years from the date of the guaranteed period of the intermediate payment loan. The Defendant was loaned KRW 127,30,000 from the Bank on January 15, 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 25,470,000 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 the Bank (hereinafter “instant credit guarantee agreement”) and the total of the first credit guarantee agreement and the second credit guarantee agreement.

The Defendant concluded a credit guarantee agreement. Under the credit guarantee agreement, the Defendant re-loaned KRW 25,470,000 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 the Plaintiff the guarantee fee, guarantee fee, overdue charge fee, according to the rate, calculation method, and collection period determined by the Plaintiff based on the Korea Housing Finance Corporation, etc. based on the Korea Housing Finance Corporation Act, and that the Defendant shall pay the Plaintiff the amount, expenses incurred in the discharge of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation, expenses incurred in the discharge of the guaranteed obligation, and damages for delay at the interest rate determined by the Plaintiff. Accordingly, the rate of delay damages determined by the Plaintiff after December 1,

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

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