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(영문) 인천지방법원 2016.09.27 2016가단212561
구상금
Text

1. The Defendant’s KRW 210,543,023 among the Plaintiff and KRW 174,360,895 among them, shall be from December 11, 2013 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On February 9, 2010, the Plaintiff guaranteed the Defendant’s obligation to pay the principal and interest of the loan to a national bank by issuing a housing finance credit guarantee form (guarantee No. B and C) with the guaranteed amount of KRW 32,860,00, the guaranteed amount of KRW 164,30,000, and KRW 32,860,00 after handling the guarantee period, and KRW 32,860,00 on December 1, 201.

B. The Defendant agreed to pay the Plaintiff the amount of the Plaintiff’s performance and the amount of damages according to the Plaintiff’s calculation method, and other incidental liabilities, etc., if the Plaintiff discharged the guaranteed obligation by losing the interest of the repayment due to the delayed repayment of the loan granted based on each of the above housing credit guarantee agreements.

C. Based on the above housing finance credit guarantee certificate, the Defendant respectively borrowed KRW 164,30,000 from the National Bank and KRW 32,860,000.

Since then, the defendant lost the benefit of time, and the plaintiff paid the amount of KRW 35,03,978 on December 17, 2013 by subrogation of the defendant.

E. In addition, the Defendant concluded each house financial credit guarantee agreement with the Plaintiff, and paid the guarantee fee and damages for delay thereof. The Defendant remains 1,147,960 won, including the attempted guarantee fee and the attempted guarantee fee accrued prior to the performance of the above guaranteed obligation.

F. The rate of damages determined by the Plaintiff pursuant to each of the above housing finance credit guarantee agreements is 12% per annum from December 11, 2013 to August 31, 2015, the day following the date of subrogation by the Plaintiff, and 8% per annum from September 1, 2015.

[Ground of recognition] without any dispute, Gap's 1 through 5, Gap's 6-1, 2, and Gap's 7, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall make a guarantee agreement as of February 9, 2010 to the plaintiff 210,543,023 won [209,394,873 won in total (174,360,895 won in total) in total (1,147,960 won in total, including an attempted guarantee fee of 190 won in total), and the guarantee agreement as of February 9, 2010.

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