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(영문) 인천지방법원 2016.10.26 2016가단212578
구상금
Text

1. The Defendant’s annual interest in KRW 211,121,80 and KRW 208,916,340 among the Plaintiff, from December 21, 2013 to August 31, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) On May 25, 2010, the Plaintiff: (a) provided a housing credit guarantee agreement for a guarantee period of KRW 197,940,000 for each part of the intermediate payment that the Defendant received from the Bank; and (b) concluded a housing credit guarantee agreement for the Plaintiff to pay the Plaintiff the amount of the Plaintiff’s performance to the Plaintiff at a rate prescribed by the Plaintiff’s prescribed and calculation method; (c) the Defendant received a loan of KRW 197,940,000 from the Bank as a housing fund on May 25, 2010 from the said housing credit guarantee agreement; and (d) the Plaintiff failed to pay the amount by the Defendant, on behalf of the Defendant on December 20, 2013, by subrogation of the Defendant at the request for the discharge of the guaranteed obligation of the Bank; and (e) the Plaintiff paid the amount to the Plaintiff on December 20, 2013.

3) The incidental debt, which the Defendant agreed to pay under the above housing credit guarantee agreement, is KRW 1,089,410 for substitute payments, KRW 1,116,050 for failed guarantee fees, and KRW 1,16,050 for attempted guarantee fees. The Plaintiff’s loss rate of the said housing credit guarantee agreement for the Plaintiff is 12% per annum from December 21, 2013 to August 31, 2015, which is the next day from the date of subrogated payment by the Plaintiff, and KRW 8% per annum from the next day to the date of full payment. [Grounds for recognition] Subparagraph 1 for subparagraph 1 (including paper numbers, KRW 2, and 3, the purport of the entire

B. Therefore, the Defendant’s determination is based on the annual rate of KRW 211,121,80 (=208,916,340 of substitute payment of KRW 1,116,050 of substitute payment of KRW 1,116,00) and the annual rate of KRW 208,916,340 of substitute payment of KRW 208,916,340, which is the day following the date of subrogation, as the Plaintiff seeks, as the Plaintiff seeks, 12% of the agreed interest rate from December 20, 2013 to August 31, 2015, which is the date of delivery of the original copy of the payment order from the next day to February 25, 2016; and 8% of the annual rate of KRW 15% as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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