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(영문) 서울중앙지방법원 2015.10.15 2014나65600
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. Basic facts

A. B entered into a loan agreement with the Korea Asset Management Corporation on June 8, 2009 with respect to land and its ground buildings in Seocho-gu Seoul Metropolitan Government (hereinafter “instant loan agreement”). The main contents are as follows.

Article 1 The purpose of use of the leased property shall be a restaurant.

Article 2 The loan period shall be from June 8, 2009 to June 7, 2014 (five years).

Article 8 (1) In the case falling under any of the following subparagraphs, the Korea Asset Management Corporation may cancel this contract with B:

2. B이 대부재산을 전대하거나 권리를 처분한 때 ▣ 특약사항 제1조 [공과금 및 비용의 부담] 대부재산을 사용함으로써 발생하는 제반 공과금 및 관리비 기타 비용은 B의 부담으로 한다.

B. B between the Plaintiff and the Plaintiff on the same day, the insured was the Korea Asset Management Corporation, the purchase amount of insurance, the insurance amount of KRW 8,760,60,60, and the insurance period from June 8, 2009 to August 7, 2014 (hereinafter “instant guarantee insurance contract”). At the time of the conclusion of the instant guarantee insurance contract, B entered into an agreement with the Plaintiff to reimburse the insured at the rate set by the Plaintiff within the maximum overdue interest rate set by the Plaintiff among the overdue interest rates of financial institutions under the Banking Act from the date following the date of payment to the date of the instant guarantee insurance contract. In the event that B fails to perform the obligation to pay public charges to the Korea Asset Corporation, and the Plaintiff paid the insured amount to the insured, B would promptly reimburse the insurance amount to be paid for delay, but the damages for delay shall be paid by adding it

C. The Defendant jointly and severally guaranteed the obligation that B owes to the Plaintiff due to the instant guarantee insurance contract (hereinafter “instant joint and several sureties”).

After that, the Korea Asset Management Corporation does not perform its obligation to pay public charges according to the above State-owned property loan agreement.

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