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(영문) 서울중앙지방법원 2017.08.08 2016가단5308084 (1)
구상금
Text

1. As to KRW 36,517,072 and KRW 36,175,632 among the Plaintiff, Defendant A shall be from November 3, 2016 to December 30, 2016.

Reasons

1. Facts of recognition;

A. On July 28, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A, and Defendant A, with respect to the receipt of a housing loan from the bank, with the principal of the guarantee until July 27, 2016, and issued a housing finance credit guarantee agreement. According to the agreement, when the Plaintiff performs the guaranteed obligation, Defendant A is obligated to pay the amount of repayment and the amount of delay calculated at the rate determined by the Plaintiff from the date of full payment to the date of full payment, additional guarantee fee at the rate determined by the Plaintiff, and the legal procedure expenses incurred by the Plaintiff for the enforcement or preservation of rights.

B. On July 14, 2014, Defendant A leased the lease deposit amount of KRW 50 million, KRW 100,000 per month, and KRW 100,000 per month, and the lease period from July 28, 2014 to July 27, 2016, and Defendant A provided the said house credit guarantee certificate and used the said lease deposit amount of KRW 45 million to pay the remainder of the lease deposit amount of KRW 45 million on July 28, 2014.

C. After that, Defendant A had failed to repay the principal and interest of the loan as seen earlier, and on November 2, 2016, the Plaintiff paid KRW 36,175,632 to the said new bank (the principal of the loan and KRW 175,632).

Under the aforementioned credit guarantee agreement, additional guarantee fees are KRW 47,70, and legal procedure expenses are KRW 293,740, and the interest rate for delay determined by the Plaintiff is KRW 8% per annum from September 1, 2015 to the date.

E. The Defendants were the legal couple who reported a marriage on July 5, 1996, and the agreement was married on September 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the claim against Defendant A, Defendant A shall pay to the Plaintiff KRW 36,175,632 the amount of the subrogated payment of KRW 36,517,072, and KRW 47,700.

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