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(영문) 대구지방법원 2019.07.26 2018가단113437
구상금 등
Text

1. The Defendants jointly share KRW 64,233,810 with respect to the Plaintiff and KRW 8% per annum from October 28, 2016 to April 17, 2019.

Reasons

1. The plaintiff's assertion party is a non-profit special corporation established for the purpose of promoting the welfare of the people and the development of the national economy by facilitating the long-term and stable supply of housing finance, etc. by conducting securitization of mortgage-backed claims, etc. and the credit guarantee business. The defendants jointly gather and enter into an agreement on a housing finance credit guarantee with the plaintiff, and then implement illegal loans at the bank.

Defendant A, who entered into a housing credit guarantee agreement with Defendant A to claim compensation and indemnity against the Defendants, requested the Plaintiff to provide a credit guarantee with respect to the repayment obligation of the principal and interest of a loan to be borne by borrowing money from F Co., Ltd. (hereinafter “Nonindicted Bank”). The Plaintiff issued a credit guarantee certificate to Defendant A and guaranteed the obligation. The content of the guarantee is as follows.

(A) A evidence No. 1, A’s Credit Guarantee Agreement, and A’s certificate of issuance of the Housing Finance Credit Guarantee Certificate 2). - According to Article 42 of the Korea Housing Finance Corporation Act, Article 27 of the Enforcement Decree of the Housing Finance Credit Guarantee Agreement, and Article 10 of the Housing Finance Credit Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, the amount of delay damages shall be paid at the rate determined by the Plaintiff from the date of performance to the date of full payment, and the rate of delay damages shall be 8% per annum from September 1, 2015 to the date of full payment.

(See Gap evidence 3). The plaintiff's subrogation due to the non-payment of the loan by the defendant A, however, in relation to the above agreement, the defendant A subrogated the defendant to the non-party bank pursuant to the contract of guarantee with the defendant under the contract of guarantee with the non-party bank. The details of the repayment made by the plaintiff on behalf of the plaintiff are as follows.

-the principal on the date of repayment by the debtor bank;

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