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(영문) 광주지방법원 2016.09.28 2016가단504716
구상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and A, based on the Housing Finance Credit Guarantee Agreement, lost the benefit of time due to the repayment delay for the loan granted from the same mining location of the Han Bank, and when the Plaintiff performed the guaranteed obligation on behalf of the principal debtor, the Plaintiff and A concluded a housing finance credit guarantee agreement with the purport that the Plaintiff will pay the creditor the repayment amount at a rate prescribed by the Plaintiff, the calculation method, and other incidental obligations.

B. With respect to the obligation to repay the principal and interest of loans that A has received as a loan for the purpose of rent, the Plaintiff entrusted a housing finance credit guarantee form to the above branch and issued it to A.

Guarantee No. C Guarantee Date: Guarantee period of 201.06.18: Deposit for two years after loan handling: 69,300,000 won: Lease funds.

C. A, on June 18, 2012, based on a housing finance credit guarantee certificate issued by the Plaintiff, obtained a housing finance loan of KRW 77,00,000 from the said branch.

A has caused a cause to demand the performance of a guaranteed obligation under Article 7 of the General Terms and Conditions for Credit Transactions. Accordingly, the Plaintiff repaid KRW 73,976,553 on January 7, 2016 in subrogation of the debtor according to the request for the performance of a guaranteed obligation of the Han Bank.

E. Upon entering into the agreement of this case, A paid the guarantee fee and the rate prescribed at the time of delinquency in payment of the principal obligation as well as damages for delay in accordance with the calculation method. 753,560 won, including the attempted guarantee fee and the annual guarantee fee incurred prior to the discharge of the guaranteed obligation of this case, remain as accounts payable.

The rate of damages determined by the Plaintiff is 8% per annum from January 8, 2016, which is the next day from the date of subrogation of the obligee, to the date of full payment.

[Reasons for Recognition] Facts without dispute, Gap 1-4 evidence, the purport of the whole pleadings

2. As alleged and determined, the Plaintiff sought payment of the amount stated in the claim against the Defendant, and against this, the obligor A.

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