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1. The Plaintiff:
A. As to KRW 41,865,670 among Defendant A and KRW 41,839,270 among them, Defendant A shall have from July 6, 2015 to August 31, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff’s legal status, the Ministry of Land, Infrastructure and Transport, in order to stabilize the housing of homeless workers, operates the Workers’ Housing Lease Loan System with the National Housing Fund’s loan funds at a rate lower than the market interest rate without securing the market interest. The Plaintiff is the management and operation institution of the Housing Finance Credit Guarantee Fund established under the Korea Housing Finance Corporation Act.
B. On May 31, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A and subrogated with Defendant A (hereinafter “instant credit guarantee agreement”) with the content that the Plaintiff provides a credit guarantee agreement between Defendant A and Defendant A on a credit guarantee agreement with a view to setting the guarantee principal as 40,50,000, and the guarantee period as of June 1, 2015 (hereinafter “instant credit guarantee agreement”).
(2) On May 31, 2013, Defendant A submitted a letter of credit guarantee issued by the Plaintiff pursuant to the instant credit guarantee agreement, and borrowed KRW 45,000,000 from our bank as a loan for full-time employee, but failed to repay the principal and interest of the loan. The Plaintiff paid KRW 41,839,270 to our bank on July 6, 2015.
3) Under the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A paid the Plaintiff the amount of the performance and the amount of the repayment, and the amount of damages for delay, guarantee fee, penalty, etc. in proportion thereto in accordance with the Enforcement Decree of the Korea Housing Finance Corporation Act and the Enforcement Decree of the said Act, and decided to reimburse the Plaintiff’s insurance premium and expenses incurred in the legal procedures that the Plaintiff paid on behalf of the Plaintiff. The additional guarantee fee is KRW 26,400. Meanwhile, the rate of damages for delay determined by the Plaintiff is KRW 12% per annum until August 31, 2015 and KRW 8% per annum from the following day. (C) However, the Defendants conspired to commit fraud by means of the Defendants and the loan hub, and conspired to make a false employment-related document and the housing lease contract, and then to divide them into two.