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(영문) 인천지방법원 2017.01.25 2016가단233926
구상금
Text

1. As to KRW 41,394,213 and KRW 9,514,570 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 22, 2014 to August 31, 2015.

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict with the Parties:

1) Upon the Defendant’s application for a guarantee, the Plaintiff entrusted the Defendant with a housing finance credit guarantee certificate for the repayment of the principal and interest of the loan that the Defendant borrowed from Nonghyup (FFF) for the purpose of intermediate payment. ① Guarantee number: B: (2) Guarantee date: (3) Guarantee Period: three years and two months after loan handling; (4) Guarantee Classification: (2) the Defendant lost the interest arising from the loan granted from Nonghyup (FFF) due to the Plaintiff’s subrogation of the Defendant; (3) the Defendant concluded a housing credit guarantee agreement with a view to repaying the Plaintiff’s repayment of the amount of the loan; (4) a guarantee period of KRW 132,540,00; and (5) an intermediate payment classification: (2) a guarantee period of KRW 2) a guarantee period of KRW 3 years and two months after loan handling; and (4) a repayment period of the loan granted from Nonghyup (FFFFF)

3) On January 12, 2010, the Defendant obtained 132,540,000 housing loans from the Agricultural Cooperative (FFFF) based on the said Housing Finance Credit Guarantee Agreement, which was issued by the Plaintiff, after which the Defendant lost the Defendant’s benefit of time, and thereafter, the cause for requesting the performance of guaranteed obligations arose. The Plaintiff repaid KRW 121,70,027 on February 121, 2014 by subrogation of the Defendant upon the request for the performance of the obligation guaranteed by the Nonghyup Bank.

5) In concluding the above agreement, the Defendant paid the guarantee fee and its interest in return for the guarantee of the principal obligation, as well as the fixed rate of the guarantee fee and the delay damages in accordance with the calculation method. 759,160 won, such as the guarantee fee for attempted payment accrued before the discharge of the guaranteed obligation in this case, remain unpaid. 6) The loss rate determined by the Plaintiff remains 12% per annum from February 22, 2014 to August 31, 2015, which is the day following the date of the Plaintiff’s subrogation.

7 As of June 17, 2016, the Plaintiff applied for the instant payment order from the Defendant.

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