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(영문) 부산지방법원 2011.03.18 2011가단5239
구상금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from November 28, 2007, as to KRW 5,369,095 and KRW 5,085,175 among them.

Reasons

1. Judgment on the main lawsuit

A. The defendant's argument as to the defense of violation of jurisdiction is that the business office of the financial institution to which the loan of this case was granted by the defendant is located in Busan Shipping Daegu, and since the defendant's domicile is located in Busan, the lawsuit of this case is unlawful due to the violation of jurisdiction. Thus, the lawsuit of this case may be brought to the court of the place where the obligation is performed (Article 8 of the Civil Procedure Act). Since the Civil Act adopts the so-called principle of the obligation to carry out the obligation other than the obligation to deliver specific property is performed at the creditor's present address or business office (Article 467 of the Civil Act), the court of the location of the plaintiff's business office shall also have the jurisdiction over the lawsuit of this case. Since the plaintiff's Busan District Court is located in Busanjin-gu, the court of this case has jurisdiction over the lawsuit of this case. Thus

B. In full view of the statements in Gap evidence Nos. 1 through 4 (including the number of branch offices) as to the merits, according to the defendant's guarantee request, the plaintiff agreed to bear a guarantee obligation against the defendant to repay the principal and interest of the amount loaned from the Housing Bank (the changed trade name: the National Bank; hereinafter the same shall apply) for the purpose of the lease fund. The defendant issued a housing credit guarantee certificate on May 24, 200, which issued a house loan of KRW 12,00,000 from the National Bank as security. The plaintiff subrogated the defendant on Nov. 28, 2007 by subrogation of the defendant on Nov. 28, 2007, on behalf of the defendant upon the request for the performance of the guarantee obligation of the National Bank. The defendant's attempted guarantee fee to be paid by the defendant under the credit guarantee agreement between the plaintiff and the defendant, KRW 24,310,00, the attempted guarantee fee is KRW 1,250, the amount of substitute payment can be recognized to the plaintiff.

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