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(영문) 인천지방법원 2019.08.22 2018가단267299
구상금
Text

1. As to KRW 30,199,643 and KRW 8,601,441 among them, the Defendant shall pay to the Plaintiff the year from November 22, 2013 to August 31, 2015.

Reasons

1. Basic facts

A. The Defendant, as a purchaser of a free economic zone B apartment in Incheon Metropolitan City (hereinafter “instant apartment”), requested a housing finance credit guarantee to the D bank, which is an institution entrusted with the Plaintiff’s business, in order to secure the repayment of the principal and interest of the loan, and D bank concluded a housing finance credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) between the Defendant and the Defendant on two occasions in the qualification of an institution entrusted with the Plaintiff’s business, and issued each of the instant credit guarantee agreements, and loaned the relevant amount to the Defendant.

On November 29, 201, when the second credit guarantee agreement was concluded on December 31, 2009, the date of the conclusion of the second credit guarantee agreement of the first credit guarantee agreement, the Defendant D bank guarantee principal (loan amount) of the D Bank Guarantee principal of the D Bank D Bank (Loan amount) of the Defendant D Bank creditor D Bank Co., Ltd. on December 29, 201.

As the Defendant delayed the repayment of each of the above loans, on November 21, 201, the Plaintiff subrogated for each of the loans (one of the principal and interest obligations under the first guarantee amounting to KRW 129,602,319, and KRW 25,79,122) to D Banks on December 31, 2009 according to the Housing Finance Credit Guarantee (hereinafter “First guarantee”) and the Housing Finance Credit Guarantee (hereinafter “Second guarantee”) on November 29, 2013.

C. On January 19, 2015, the Plaintiff recovered KRW 146,80,00 from the executor, etc. of the instant apartment on the ground of the cancellation of the instant apartment sales contract, and collected KRW 129,602,319, among which the Plaintiff had concluded on January 19, 2015, and collected KRW 129,60,00 from the executor, etc. of the instant apartment, and appropriated the principal in full for the principal of the subrogated payment due to the first guarantee. The remainder of KRW 17,197,681 (=146,80,000 - KRW 129,602,319) is appropriated for a partial repayment of the principal of the subrogated payment due to the second guarantee, and the principal amount remains at KRW 8,601,441 (=25,79,1222 won - 17,197,681).

The plaintiff's subrogation date shall be from the next day.

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