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(영문) 인천지방법원 2019.07.24 2018가단269653
구상금
Text

1. The Defendant’s KRW 30,988,279 and KRW 8,875,513 among the Plaintiff and the Plaintiff’s KRW 12% per annum from November 23, 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”), was loaned KRW 25,980,000 from C (hereinafter “C”) on December 31, 2009 as the expiration date of the lending period designated on December 31, 2012 (hereinafter “first loan”), and was loaned KRW 25,220,000 on December 6, 201, as the expiration date of the lending period.

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

On December 31, 2009, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant on a fixed period of 125,980,000 won guaranteed in relation to the first loan, from December 31, 2009 to December 31, 2012 (hereinafter “first guarantee agreement”), and on November 29, 201, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant as to the second loan with the guarantee amount of 25,220,000 won.

(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 due to the delay in the principal and interest of loans Nos. 1 and 2, and the Plaintiff incurred the principal and interest of loans No. 133 on November 22, 2013.

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