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(영문) 부산지방법원동부지원 2019.04.24 2018가단209999
구상금
Text

1. The Plaintiff:

A. Defendant A may, within the scope of the property inherited from the deceased C, set forth in KRW 73,857,112 and KRW 72,262.

Reasons

1. Facts of recognition;

A. On August 31, 199, the Korea Housing Finance Credit Guarantee Fund, the managing agency of the Housing Finance Credit Guarantee Fund, entered into a housing credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the deceased C (hereinafter “the deceased”), with respect to the obligation to pay the principal and interest of loans, when it receives a loan of intermediate payment from D Co., Ltd. (hereinafter “E”) from the branch office of D(E after its merger with E”) and then issues a credit guarantee agreement in E.

C. F 60,000,000 won for the guaranteed term of guarantee date of guarantee date of guarantee date, on August 31, 1999;

B. On the same day, Defendant B Co., Ltd. (formerly: G Co., Ltd.; hereinafter “Defendant B”) guaranteed the deceased’s debt to the Credit Guarantee Fund, and the deceased was loaned KRW 60 million from E around that time.

C. The Plaintiff, a legal entity established by the Korea Housing Finance Corporation, which was in force on March 1, 2004, succeeded to all business of the Housing Finance Credit Guarantee Fund operated and operated by the former Credit Guarantee Fund pursuant to Articles 1, 2, 6, and 7 of the Addenda of the said Act.

On June 20, 200, the Plaintiff subrogated to E with the principal of KRW 54 million on June 20, 2003, interest of KRW 18,117,221, expenses of KRW 144,90, total of KRW 72,262,121 on behalf of the Plaintiff.

E. According to the former Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers, the Korea Housing Finance Corporation, and the Credit Guarantee Agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff is paid the interest rate fixed by the Plaintiff from the date of performance to the date of full payment (20% per annum from June 20, 2003 to July 1, 2004, and 15% per annum from July 2, 2004 to the date of full payment) and the legal procedure expenses paid by the Plaintiff to execute or compensate the Deceased’s claim for reimbursement.

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