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(영문) 인천지방법원 2016.09.07 2016가단210749
구상금
Text

1. The defendant is within the scope of the property inherited from the deceased B, and KRW 175,368,423 among them and KRW 173,979 among them.

Reasons

1. The following facts for the determination of the cause of the claim do not conflict between the parties:

The plaintiff is a corporation established under the Korea Housing Finance Corporation Act with the aim of facilitating the long-term and stable supply of housing finance, etc. by carrying out the securitization of mortgage-backed claims, etc. and the housing finance credit guarantee business (Article 1 of the same Act) and contributing to the promotion of the welfare of the people and the development of the national economy (Article 5 of the same Act), and entrusted the business thereof to financial institutions pursuant to the provisions of Articles 45 of the same Act

B. B requested the Plaintiff to guarantee the repayment of the principal and interest of the loan when receiving a loan from the Korean bank. On March 17, 2011, the Plaintiff entered into a credit guarantee agreement between B and B as the principal of the credit guarantee and the term of guarantee from March 17, 2011 to August 31, 2012, with the term of guarantee from March 17, 201 as well as the term of guarantee from March 17, 201 to August 31, 2012.

C. B at the time of a housing finance credit guarantee agreement with the Plaintiff, 1) the Plaintiff agreed to pay the amount of, damages, and expenses incidental to the Plaintiff’s performance of the guaranteed obligation immediately. According to Article 42 of the said Construction Work Act, where the Plaintiff fulfilled a credit guarantee obligation, the amount of damages shall be collected from the relevant Defendant, as prescribed by Presidential Decree, to the extent not exceeding 20/100 per annum. The rate of damages determined by the Plaintiff shall be 20% per annum from January 1, 1999 to July 1, 2004; 15% per annum from the following following day to November 30, 2012; 12% per annum from the next day to August 31, 2015; and 8% per annum from the next day to the date; 2) guarantee fees, overdue guarantee fees, additional guarantee fees, and the Plaintiff’s guarantee fees refunded.

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