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(영문) 서울중앙지방법원 2016.10.19 2016가단5117691
구상금
Text

1. The Defendant’s annual interest in KRW 86,30,217 and KRW 83,97,863 among the Plaintiff, from July 23, 2014 to August 31, 2015.

Reasons

1. Determination as to the cause of the claim (Provided, That the obligee is the Plaintiff, the obligor is the Defendant) is liable to pay to the Plaintiff 86,30,217 won in total of principal and interest and the principal amount of KRW 83,97,863 in total and KRW 83,97,863 from July 23, 2014 to August 31, 2015, the agreed interest rate of KRW 12% in total, the agreement rate of KRW 8% in total, from the following day of the date of subrogation, and damages for delay calculated by the annual rate of KRW 15% in accordance with the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of repayment, to April 26, 2016, the agreement rate of KRW 8% in total, and the next day to the date of full payment.

2. On the judgment of the defendant's defense, the defendant received an intermediate payment from the Nonghyup Bank (hereinafter "the apartment of this case"), and entered into a housing finance credit guarantee contract with the plaintiff as to the defendant's intermediate payment obligation to the Nonghyup Bank. The plaintiff did not clearly explain to the defendant that the defendant entered into a contract for an intermediate payment obligation to the defendant's NH Bank. The plaintiff did not provide the pertinent information or data and did not explain the contents thereof. The above housing finance credit guarantee contract is an unfair act and void as an unfair act in violation of the Act on the Regulation of Terms and Conditions and Enforcement Decree of the Banking Act. However, according to the evidence Nos. 1 and 2, the defendant asserted that the defendant entered into a housing finance credit guarantee contract and loan agreement between the plaintiff and the Nonghyup Bank entrusted with the business of entering into a housing finance credit guarantee contract and the loan agreement, etc., and received a copy of the agreement and received an explanation about the main contents.

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