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(영문) 인천지방법원 2015.01.13 2014가단220001
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 163,359,793 as well as KRW 162,040,703 from March 24, 2014 to April 3, 2014.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) concluded a housing finance credit guarantee agreement and the execution of the loan (A) Defendant sold in lots the Jung-gu Incheon Jung-gu 109 Dong 2505 (hereinafter “the apartment of this case”) constructed by U.S. Construction Co., Ltd. (hereinafter “U.S. Construction”).

(B) On January 29, 2010, the Plaintiff entered into a housing credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant, setting the guarantee principal amount of KRW 124,630,00, and the guarantee period from January 29, 201 to December 31, 2012, with respect to an intermediate payment loan that the Defendant received from the National Agricultural Cooperative Federation (the National Agricultural Cooperative Federation was divided by Act No. 10522, Mar. 31, 2011; the same was effective from March 2, 2012; hereinafter “Agricultural Bank”), and the Defendant obtained a change in the repayment rate from the Nonghyup Bank on December 31, 2012, with the interest rate set forth in Article 134-4.

(C) On December 5, 2011, the Plaintiff and the Defendant concluded a housing finance credit guarantee agreement (hereinafter referred to as “house 2 credit guarantee agreement”) with regard to an intermediate payment loan that the Defendant received from the Nonghyup Bank during the period from December 6, 2011 to December 31, 2012, setting the guaranteed principal as 24,970,000 won, and the guarantee period from December 6, 2011 to December 31, 2012, and the Defendant again borrowed KRW 24,970,000 from the Nonghyup Bank on December 6, 201 pursuant to the 2 credit guarantee agreement.

(D) The instant credit guarantee agreement includes the Defendant’s payment of guarantee fees and overdue fees to the Plaintiff based on the rate, calculation method, and collection period determined by the Plaintiff based on the Korea Housing Finance Corporation, etc.

(2) The Defendant shall pay the guaranteed debt, etc. (A) as above.

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