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(영문) 서울중앙지방법원 2016.07.01 2015가단5399175
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 50,677,277 and KRW 50,677,244 among them, Defendant A shall be from April 17, 2012 to November 30, 2012.

Reasons

1. Following the facts of recognition are: (a) there is no dispute between the Plaintiff and the Defendant, and (b) it may be acknowledged in full view of the following: (a) evidence Nos. 1, 2, 3, 4, 5, 6-1 through 8, 6-7, and 7.

On February 11, 2011, Han Bank Co., Ltd., an institution entrusted with the business of the Korea Credit Guarantee Fund, which is the management institution of the Plaintiff’s Housing Finance Credit Guarantee Fund (hereinafter “I Bank”), concluded a Housing Finance Credit Guarantee Agreement with the Korea Housing Finance Corporation and the Enforcement Decree of the Korea Housing Finance Corporation Act (hereinafter “instant Guarantee Agreement”) on February 11, 201, setting the guarantee amount as KRW 49,50,000, and the term of guarantee as February 11, 2013. On the same day, I Bank issued a Housing Finance Credit Guarantee Agreement (hereinafter “instant Guarantee Agreement”) on February 11, 201, with the guarantee amount as KRW 49,50,000, and the term of guarantee as February 11, 2013.

B. On February 11, 2011, one bank Bupyeong branch of the principal obligation secured the instant guarantee and loaned KRW 55,000,000 to the Defendant A with the terms and conditions of loan transaction based on a loan transaction agreement concluded between the Defendant and the Defendant under the basic terms and conditions of bank credit transaction.

C. (i) The occurrence and scope of the claim for reimbursement (i.e., the amount of subrogation) the Defendant A lost the benefit of the period for the said loan on November 23, 201; on April 16, 2012, the Plaintiff paid to Han Bank the principal and interest of 50,759,284 won under the instant guarantee agreement by subrogation and discharged the guaranteed obligation.

The Plaintiff, on April 17, 2012, collected KRW 82,040 from Defendant A on April 17, 2012, to repay the amount of subrogated payment under the instant guarantee agreement, is KRW 50,677,244 (=50,759,284 - 82,040).

⑶ 지연손해금 ㈎ 손해금율 이 사건 보증약정...

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