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(영문) 인천지방법원 2016.10.26 2016가단237287
구상금
Text

1. As to KRW 180,488,395 and KRW 179,028,515 among the Plaintiff, the Defendant shall annually year from March 25, 2014 to August 31, 2015.

Reasons

1. Determination as to the cause of claim

A. On January 6, 2010, the Plaintiff, upon the Defendant’s application for a guarantee from a national bank, provided a housing credit guarantee of KRW 168,200,00 as to an intermediate payment loan that the Defendant received from the national bank, for three years after the guarantee period was extended. The Defendant lost the benefit of time due to delay in repayment of the loan granted from the national bank with the above housing credit guarantee, and entered into a housing credit guarantee agreement with the Plaintiff to pay the Plaintiff for the amount of the Plaintiff’s performance of the guarantee obligation on behalf of the Defendant. 2) The Defendant received the housing credit guarantee from the Plaintiff as a housing credit guarantee received from the national bank with the amount of KRW 168,200,00 from the national bank as a housing fund, and the Plaintiff paid KRW 179,79,8515, Mar. 24, 2014 by subrogation upon the Defendant’s request for the performance of the guaranteed obligation by the national bank.

3) The attempted guarantee fee to be paid by the Defendant under the said housing credit guarantee agreement is KRW 1,459,880, and the Plaintiff’s loss rate of the said housing credit guarantee agreement is 12% per annum from March 25, 2014 to August 31, 2015, which is the next day from March 25, 2014 to August 31, 2015, and 8% per annum from the next day to the date of full payment. [The each statement of subparagraphs 1 through 8, and the purport of the entire pleadings based on

B. Therefore, the Defendant is obligated to pay to the Plaintiff 180,48,395 won (i.e., an attempted guarantee fee of KRW 179,028,515) and damages for delay by 179,028,515, which is the day following the date of subrogation, to August 31, 2015, as the Plaintiff seeks, 12% per annum from March 25, 2014 to August 31, 2015; and 8% per annum from the next day to July 15, 2016, the delivery date of the original payment order of this case; and 15% per annum from the next day to the date of full payment.

2. The defendant.

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