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(영문) 인천지방법원 2015.02.06 2014가단225167
구상금
Text

1. The Defendant’s KRW 156,819,311 and KRW 155,881 among the Plaintiff and KRW 155,81,091 from November 21, 2013 to February 28, 2014.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Defendant was sold in lots the Jung-gu Incheon Jung-gu 108 Dong 1903 (hereinafter “the apartment of this case”) constructed by U.S. Construction Co., Ltd. (hereinafter “U.S. Construction”).

B) On December 31, 2009, the Plaintiff was incorporated by the Defendant with the National Agricultural Cooperative Federation (amended by Act No. 10522, Mar. 31, 2011) and then divided into the National Agricultural Cooperative Federation pursuant to Article 134-4 of the Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 21, 201) and incorporated the Nonghyup Bank.

hereinafter referred to as “agricultural bank”

(3) As to a loan of intermediate payment from the intermediate payment, the Housing Finance Credit Guarantee Agreement (hereinafter “Credit Guarantee Agreement”) provides for the guarantee principal of KRW 122,320,00 and the guarantee period of KRW 3 years.

The Defendant concluded a credit guarantee agreement on the same day, and concluded a new credit guarantee agreement on December 31, 201 with the term of payment of KRW 122,320,00 from the Nonghyup Bank (hereinafter “the instant credit guarantee agreement”). The Defendant again concluded a credit guarantee agreement on the first credit guarantee agreement and the second credit guarantee agreement on the same day with the Defendant on December 6, 201, setting the loan interest rate of KRW 24,480,00 as the guaranteed principal, and the guarantee fee of KRW 24,480 as the guaranteed interest rate for the intermediate payment to be received by the Defendant from the Nonghyup Bank during the guarantee period from November 29, 201 to December 31, 2012, including the repayment rate of KRW 24,80,000 as the guarantee fee and the second credit guarantee agreement, and the Defendant again received the loan interest rate of KRW 24,480,00 from the Nonghyup Bank based on the credit guarantee agreement on the same day, as the calculation method and interest rate of the Plaintiff’s.

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