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(영문) 서울중앙지방법원 2018.08.14 2017가단5193562
손해배상(기)
Text

1. The defendant jointly with the non-party B, as to KRW 50,400,071 and KRW 47,756,460 among them, from September 1, 2015.

Reasons

1. Facts of recognition;

A. 1) Nonparty C entered into a credit guarantee agreement. Nonparty C is a Korean bank (hereinafter “Korea bank”).

(2) On August 2, 2014, when receiving a loan from the employee rental fund, the Korean bank and the non-party C, an institution entrusted with the Plaintiff’s business, concluded a housing finance credit guarantee agreement with the term of guarantee from August 22, 2014 to August 22, 2016, to guarantee the repayment of the principal and interest of the loan, and to pay damages and incidental expenses at the rate of damages determined by the Plaintiff’s credit guarantee agreement, from January 1, 199 to July 1, 2004; and from August 22, 2014 to August 22, 2016, the term of guarantee was issued.

B. On August 22, 2014, Nonparty C provided a loan of KRW 80,00,000 from the Bank as a security for the said housing finance credit guarantee certificate, but did not pay the principal and interest of the loan. On August 31, 2015, the Plaintiff paid 73,674,730 won ( principal 72,00,000 + interest 1,674,730 +70) to the Bank, thereby fulfilling the guarantee obligation based on the said housing finance credit guarantee certificate.

C. On August 4, 2014, Nonparty C, who committed the act of borrowing money for lease on a deposit basis, submitted the lease agreement and various documents related to employment necessary for lending money for lease on a deposit basis, signed by Nonparty E, “F apartment Nos. 103, 301 (hereinafter “the object of lease of this case”) owned by Nonparty E, for the lease deposit of KRW 150,00,000,000, and issued the said credit guarantee certificate to Korea bank, a financial institution entrusted with the Plaintiff’s business, as well as a loan institution.

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