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(영문) 인천지방법원 2019.08.14 2018가단267268
구상금
Text

1. The Defendant’s KRW 30,719,160 and KRW 8,248,647 among the Plaintiff, respectively, shall be 12% per annum from November 5, 2013 to August 31, 2015.

Reasons

1. Facts of recognition;

A. The Defendant, as the buyer of the Incheon Metropolitan City B apartment (hereinafter “instant apartment”), borrowed KRW 23,270,000 from C (hereinafter “C”) on January 28, 201 (hereinafter “first loan”) and borrowed KRW 24,730,000 on December 6, 201, as the buyer of the apartment house in Incheon Metropolitan City (hereinafter “instant apartment”) and received a loan on December 31, 2012.

(hereinafter referred to as “second loan”). (b)

Around January 28, 2010, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant by setting the coverage amount of KRW 123,270,000 with respect to a loan 1 as the guaranteed amount, from January 28, 2010 to December 31, 2012 (hereinafter “first guarantee”). On November 29, 2011, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant by setting the coverage amount of KRW 24,730,00 with respect to a loan 2 as the guaranteed amount, and from November 29, 2011 to December 31, 2012.

(hereinafter referred to as “second guarantee”). (c)

The Defendant entered into a credit guarantee agreement with the Plaintiff, and paid the amount and damages in accordance with the Plaintiff’s rate determined by the Plaintiff (the rate of damages determined by the Plaintiff shall be 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from September 1, 2015), the guarantee fee, overdue guarantee fee (the amount calculated by the rate of 10% per annum from the day immediately after the date when the guarantee fee is to be paid for the unpaid guarantee fee) to the Plaintiff, additional guarantee fee (the amount shall be calculated by adding 0.5% per annum to the last guarantee fee rate from the day following the expiration date of the guarantee period until the day before the expiration date of the guarantee obligation), and the additional guarantee fee (the amount of the guarantee fee which has not been terminated by the due date shall be calculated by adding 0.5% per annum to the final guarantee fee rate for the Plaintiff’s execution and preservation of the Plaintiff’s claim, exercise, and legal proceedings therefor, and any delay damages

Around January 2013, the Defendant lost the benefit of the due date for the first and second loans due to the delay of the principal and interest of loans, and the Plaintiff was due to the first guarantee on November 4, 2013.

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