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(영문) 서울중앙지방법원 2016.11.30 2016가단5016293
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 59,466,561 as well as 12% per annum from April 22, 2014 to August 31, 2015.

Reasons

Facts of recognition

On September 7, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A, which provides a credit guarantee agreement with the end of September 7, 2014 for the repayment of loans to the Industrial Bank of Korea of Defendant A, the amount guaranteed, the amount guaranteed, and the term of guarantee until September 7, 2014, and issued a written credit guarantee agreement.

(B) The term “the credit guarantee contract of this case” refers to the following: (a) when the Plaintiff performed the guaranteed obligation to the above bank on behalf of the Defendant A, the Defendant A provided that (i) the payment made by the Plaintiff for the performance of the guaranteed obligation, (ii) the overdue interest rate of the financial institution on behalf of the Plaintiff, or damages for delay based on the rate of damages prescribed by the Plaintiff; (iii) the additional guarantee fee calculated by adding the applicable rate of the guaranteed fee from the day following the expiration date of the payment due date until the day preceding the date of the payment due to the due date; and (iii) the legal procedure expenses incurred by the Plaintiff for the enforcement or preservation of the right

The rate of damages determined by the Plaintiff is 12% per annum from April 22, 2014 to August 31, 2015, and 8% per annum from September 1, 2015.

On September 7, 2012, the above bank provided credit guarantee certificates of this case as security and loaned 64 million won of the National Housing Fund loan to Defendant A.

(B) On July 2, 2013, Defendant A lost the benefit of the time limit for the instant loan obligation. On April 21, 2014, the Plaintiff subrogated the said bank with the principal and interest of KRW 59,533,781 on behalf of the Defendant A, on behalf of the Plaintiff, on behalf of the said bank. On the same day, Defendant A recovered KRW 67,220,000 and appropriated it for payment of the subrogated amount.

Therefore, the amount of subrogated payment is KRW 59,466,561 (=59,533,781) - 67,220).

Defendant B, Defendant C, Defendant D, and Defendant E, together with “I,” etc., abuse the system of loans for the lease of housing for the stabilization of the housing of homeless workers.

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