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(영문) 서울중앙지방법원 2015.10.07 2015가단5026026
구상금
Text

1. The Defendant’s annual interest in KRW 59,560,442 and KRW 9,305,963 among them to the Plaintiff, from October 23, 2012 to November 30, 2012.

Reasons

1. Facts of recognition;

A. On October 1, 2009, the Plaintiff entered into a housing credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant, setting the guarantee amount of KRW 200 million and the guarantee period as of January 31, 2012, when the Defendant received an intermediate payment loan from the Korean bank.

B. On the same day, the defendant submitted a guarantee issued under the credit guarantee agreement of this case and borrowed KRW 200 million from our bank.

C. According to the credit guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the defendant bears damages for delay and incidental obligations at the rate determined by the plaintiff based on the amount, the Korea Housing Finance Corporation, the Enforcement Decree of the Korea Housing Finance Corporation, the regulations on the operation of the Corporation, and the regulations on guarantee

(Article 10). (d)

On October 5, 2012, the Plaintiff received a claim for the performance of a guaranteed obligation from a bank on the ground that the Defendant lost the benefit of the time limit for the said loan, and on October 22, 2012, the Plaintiff subrogated to the bank KRW 210,029,251 in accordance with the credit guarantee agreement of this case.

E. By October 28, 2014, the Plaintiff appropriated the amount of KRW 200,723,288 out of the amount of subrogated payment to the above amount of KRW 9,305,963 as of the present amount of subrogated payment. The remaining fixed damages for delay remain 49,212,949 won. Additional guarantee fees under Article 41(2) of the Korea Housing Finance Corporation Act and Article 4 of the Credit Guarantee Agreement are 1,041,530 won (=the subject amount of KRW 200,00,000 x 264/365 x 0.72).

On the other hand, the rate of delay damages under the credit guarantee agreement of this case is 15% per annum until November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant's reimbursement amount of KRW 59,560,442 under the credit guarantee agreement of this case = Amount of KRW 9,305,963 shall be determined by the defendant.

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