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1. The plaintiff's claim against the primary defendant is dismissed.
2. Preliminary Defendant: KRW 37,800,000 and this shall apply to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity established under the Korea Housing Finance Corporation Act to promote the long-term and stable supply of housing finance, etc. by implementing the securitization of mortgage-backed claims, etc. and the housing finance credit guarantee business, and to contribute to the promotion of people's welfare and the development of the national economy. The Housing Finance Credit Guarantee Fund is established inside the Plaintiff for
B. C requested the said bank, an institution entrusted with the Plaintiff’s business, to provide the repayment of the principal and interest of the loan when obtaining a housing loan from the D bank. On February 7, 2005, the said bank entered into a credit guarantee agreement with the term of guarantee from February 7, 2005 to February 7, 2007, with the amount of KRW 31,50,000 out of C and loans as the principal of the credit guarantee.
On February 7, 2005, the bank issued the Housing Finance Credit Guarantee (Guarantee Number: E) and finally changed the term of guarantee to February 6, 201.
C. C 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 aforementioned Construction Work Act, when the Plaintiff fulfilled the guaranteed obligation, C shall collect damages from the amount of the obligation to pay the amount of the obligation, as prescribed by Presidential Decree, to the extent not exceeding 20/100 per annum. The rate of damages determined by the Plaintiff is 20% per annum from January 1, 1999 to July 1, 2004; 15% per annum from the next 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 next day.
C A. On February 7, 2005, the above guarantee was granted a loan of KRW 35,00,000 from the above bank under the pretext of a loan for house lease, but on January 1, 2009, the bank lost its interest due to the delay in the principal and interest of loan, etc., and the above bank claimed against the Plaintiff for the performance of the guaranteed obligation under the house credit guarantee certificate.
(e).