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(영문) 인천지방법원 2016.10.20 2016가단215928
구상금
Text

1. The Defendant’s KRW 179,542,026 and KRW 178,456,926 among the Plaintiff and the Plaintiff’s KRW 178,456,926 from January 29, 2014 to August 31, 2015.

Reasons

1. Facts of recognition;

A. On March 2, 2010, the Plaintiff issued a housing finance credit guarantee (guarantee No. B) with a guarantee period of KRW 167,200,000 as the guaranteed amount, and KRW 3 years after the guarantee period is extended, thereby guaranteeing the Defendant’s obligation to pay the principal and interest of the loan to a national bank.

B. The Defendant agreed to pay to the Plaintiff the Plaintiff the percentage of the Plaintiff’s performance amount and the calculation method, damages, and other incidental liabilities, etc. according to the Plaintiff’s calculation method, on the ground that the Plaintiff’s performance of the guaranteed obligation was forfeited due to the delayed repayment of the loan granted based on the housing finance credit guarantee agreement.

C. Based on a housing finance credit guarantee certificate, the Defendant borrowed KRW 167,200,000 from the National Bank on March 2, 2010.

After that, the Defendant lost the benefit of time, and on January 28, 2014, the Plaintiff repaid KRW 178,456,926 to the National Bank.

E. In addition, the Defendant concluded each house financial credit guarantee agreement with the Plaintiff, and paid the guarantee fee and damages for delay thereof. The Defendant remains 1,085,100 won including the attempted guarantee fee accrued prior to the performance of the above guaranteed obligation.

F. Under the Housing Finance Credit Guarantee Agreement, the rate of damages determined by the Plaintiff is 12% per annum from January 29, 2014 to August 31, 2015, the following day of the Plaintiff’s repayment date, and 8% per annum from September 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is liable to the Plaintiff for reimbursement of KRW 179,542,026 (i.e., the amount of KRW 1,085,00,00,00,000,000,000 per annum from January 29, 2014 to August 31, 2015; and (ii) the rate of KRW 12% per annum from January 29, 2014 to August 31, 2015, the following day to March 8, 2016, which is the service date of the original copy of the instant payment order.

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