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(영문) 서울중앙지방법원 2017.11.17 2017나34089
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of Gap evidence Nos. 1 to 10 and Gap evidence No. 12:

1) The Plaintiff is a Han Bank Co., Ltd. (hereinafter “ Han Bank”) around October 15, 2008.

(B) The credit guarantee agreement under the Korea Housing Finance Corporation Act (hereinafter “the credit guarantee agreement of this case”) is respectively determined as the guaranteed principal amount of KRW 12,960,00, the guaranteed principal of KRW 14,400,000, the guaranteed interest amount of KRW 14,400,000, the guarantee interest loan for ordinary people in the guaranteed subject, and the household housing loan loan for the

(1) A bank has entered into a credit guarantee agreement and issued such a credit guarantee agreement to one bank.

The main contents of the Credit Guarantee Agreement are as follows.

Article 1 (1) 1 of the Korea Housing Finance Corporation Act, the Enforcement Decree of the same Act, the regulations on the operation of the Corporation, and the guarantee will be recognized and implemented as part of this Agreement. <2> In the case of changes to the regulations on the operation of the Korea Housing Finance Corporation, the Enforcement Decree of the same Act, the regulations on the operation of the Corporation, and the regulations on the guarantee, the pertinent provisions of this Agreement shall be deemed to be changed accordingly. <4> Article 4 (1) of the Korea Housing Finance Corporation Act provides that the matters concerning the payment of guarantee fees, overdue guarantee fees, additional guarantee fees, and the refund of guarantee fees of the Plaintiff shall follow the rate, calculation method, and collection period determined by the Plaintiff based on the governing law of Article 1.

1. Expenses required for fulfilling the plaintiff's guarantee obligation;

2. The Plaintiff’s performance of guaranteed obligation.

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