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(영문) 대구고등법원 2013.08.14 2012나20216
채무부존재확인등
Text

1. Of the judgment of the court of first instance, the recognition of the obligation between the Plaintiff and the Defendant on June 4, 2007 and the period of the installment repayment agreement.

Reasons

1. The following facts of the recognition do not conflict between the parties or may be found in Gap evidence Nos. 2, 3, and Eul evidence Nos. 3 to 9, and 17 (including the number, if not specially indicated; hereinafter the same shall apply) together with the whole purport of the pleadings, and there is no counter-proof.

(1) The Korea Housing and Commercial Bank (hereinafter “Housing Bank”) was converted into the Korea Housing and Commercial Bank on August 30, 1997, and was merged with the Korean National Bank on November 1, 2001; hereinafter “Housing Bank”) designated the Housing Finance Credit Guarantee Fund (hereinafter “Fund”) pursuant to Article 14(1) of the former Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers (amended by Act No. 5541 of May 25, 1998 and enforced January 1, 1999) as the management institution of the Housing Finance Credit Guarantee Fund (hereinafter “Fund”).

(2) On June 23, 1997, the Housing Bank concluded a housing finance credit guarantee agreement (hereinafter referred to as the "credit guarantee agreement of this case") with the content that, in the position of the Fund management agency, the Cju Construction Co., Ltd. (hereinafter referred to as the "Cju Construction") and Cju Construction is to obtain a loan from the Housing Bank as a housing financial institution, the guaranteed amount is KRW 4.5 billion, and the term of guarantee is set as until March 22, 1998, and the term of guarantee is to provide a credit guarantee.

(3) At the time of the instant credit guarantee agreement, the Housing Bank, as a fund management agency, intended to comply with the terms and conditions of the Housing Finance Credit Guarantee Clause (hereinafter “Terms and Conditions”). In addition, the Housing Bank, as a housing financial institution, issued the Housing Finance Credit Guarantee Clause (hereinafter “Terms and Conditions”).

According to the terms and conditions, housing financial institutions shall be obliged to obtain the consent of the Fund management agency for the extension of the term of the loan, obligation to preferentially pay for the loan, and the period of the performance of the guaranteed obligation.

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