구상금
1. The Defendant: (a) KRW 60,918,449 for the Plaintiff and its related KRW 12% per annum from November 28, 2013 to August 31, 2015; and (b) September 1, 2015 for the Plaintiff.
1. Facts of recognition;
A. On December 31, 2012, the Plaintiff entered into a housing credit guarantee agreement with C as to the Plaintiff’s repayment of the principal and interest of a loan, which the Plaintiff received from D bank as a full-time loan of financial resources, with a maturity of KRW 58,50,000,000,000,000,000,000, and two years after the guarantee period was treated as a full-time loan, and with a maturity of the Guarantee Classification Bank. In the event C loses the benefit of time and the Plaintiff’s performance of the guaranteed obligation by subrogation, the Plaintiff would pay the Plaintiff
B. The Plaintiff, based on the above agreement, entrusted the said guarantee to the Korea-si Branch of the Korea Housing Finance Credit Guarantee Co., Ltd., an institution entrusted with the issuance of the said certificate, and C received a housing loan of KRW 65 million from the said bank on the same day.
B. C paid the Plaintiff KRW 60,918,449 on November 27, 2013, as a guarantee accident, which has lost the benefit of time, such as repayment delay, due to the said bank’s credit guarantee agreement.
The rate of damages determined by the Plaintiff is 12% per annum from November 28, 2013 to August 31, 2015, and 8% per annum from September 1, 2015 to September 1, 2015.
E. C died on December 24, 2014, and no heir is the defendant except for the defendant as the person.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendant, the heir of C, is obligated to pay to the Plaintiff the amount of KRW 60,918,449 and the delay damages calculated at the rate of 12% per annum, which is the agreed delay damages rate, from November 28, 2013 to August 31, 2015, and 8% per annum, which is the agreed delay damages rate, from September 1, 2015 to January 18, 2019, the original copy of the instant payment order, from September 18, 2019, and from January 19, 2019 to the day of full payment.
3. If so, the Plaintiff’s instant case.