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(영문) 서울중앙지방법원 2015.02.11 2014가합575158
손해배상(기)
Text

1. The defendant's KRW 414,652,225 and its amount among the plaintiff

(a) From May 6, 201 to July 14, 201, KRW 55,676,626.

Reasons

Facts of recognition

The Defendant, such as the conclusion of the Plaintiff’s credit guarantee agreement, sold B, C, D, E, F, G, and H (hereinafter “instant buyers”) the Yangcheon-gu Seoul Metropolitan Government I as listed in the table below, and the Han Bank Co., Ltd. (hereinafter “I Bank”) loaned to the instant buyers the money in the name of the above pre-sale agreement.

B CD EF GH Plaintiff, as a management and operation institution of the Housing Finance Credit Guarantee Fund, entered into a credit guarantee agreement with the instant seller on the guarantee principal for the loan obligations as described in the said table.

In the event that the Plaintiff fulfilled the guaranteed obligation under the above credit guarantee agreement, the sales contract party of this case decided to reimburse the Plaintiff the repayment of the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff from the date of subrogation. Meanwhile, the rate of damages for delay determined by the Plaintiff is 15% per annum from July 2, 2004.

At the time of the above part-time payment loan and credit guarantee agreement, the defendant and the contractor of the above part-time sale housing (hereinafter referred to as the "construction of petition"), the Housing Finance Credit Guarantee Fund and the Han Bank have made the following commitment (hereinafter referred to as the "Declaration of this case").

[Defendant alleged that the letter of commitment of this case was prepared formally upon the request of the petitioner construction, but Eul No. 1 (including serial number; hereinafter the same shall apply)

(1) Each statement alone is insufficient to recognize that the Defendant has made the instant promise formally, and there is no other evidence to acknowledge it otherwise. Article 1 (Duties of the Defendant and the petitioner construction) ① The Defendant and the petitioner construction does not enter into a contract on the succession of rights, such as resale to a third party other than the seller upon the request of the seller for resale agreement.

Article 3 (Liability) The defendant and the petitioner for construction and the seller for sale resells the house sold in violation of the obligations of Articles 1 and 2.

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