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(영문) 서울중앙지방법원 2018.02.02 2017나59088
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendant, constituting the money ordering payment below.

Reasons

1. On July 28, 2014, the Plaintiff entered into a credit guarantee agreement with A and A with respect to the receipt of a housing loan from a bank (hereinafter “instant guarantee agreement”) with the principal of the guarantee as until July 27, 2016, and issued a housing finance credit guarantee agreement.

According to the guarantee agreement of this case, when the plaintiff subrogated for a house loan obligation against the bank A due to the occurrence of a guarantee accident, A is obligated to pay the amount of repayment according to the plaintiff's indemnity, damages for delay calculated at the rate determined by the plaintiff from the date of performance to the date of full payment, additional guarantee fees in accordance with the rate determined by the plaintiff, and legal procedure costs incurred by the plaintiff for the exercise

A on July 14, 2014, leased the lease deposit amount of KRW 50,00,000 per month, KRW 100,000 per month, and the term of lease from July 28, 2014 to July 27, 2016.

On July 28, 2014, the Plaintiff provided a credit guarantee certificate to the new bank, and borrowed KRW 40,000,000 from the new bank, and used it to pay the balance of the lease deposit KRW 45,00,000.

After that, A had not repaid the principal and interest of the loan, and the Plaintiff paid 36,175,632 won to the new bank on November 2, 2016 (=the principal of the loan amount of KRW 36,00,000 or delay damages of KRW 175,632).

Under the instant guarantee agreement, additional guarantee fees are KRW 47,700, and legal procedure expenses are KRW 293,740, and damages for delay determined by the Plaintiff are KRW 8% per annum from September 1, 2015 to the date.

On July 5, 1996, the defendant and A were legally married couple who reported a marriage, and the agreement on September 26, 2016 was married.

[Ground of recognition] The evidence Nos. 1 through 8, 11, Eul's evidence No. 1, and the purport of the whole pleadings

2. Summary of both parties' arguments;

A. The Plaintiff A received a bank loan under the instant guarantee agreement was the husband and wife at the time.

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