구상금
1. The Defendant shall pay to the Plaintiff KRW 31,34,830 as well as KRW 13,157,320 as to the Plaintiff’s KRW 31,157,320. From January 29, 2014 to May 7, 2014.
1. Determination as to the cause of claim
A. The facts of recognition (1) The Defendant entered into a housing credit guarantee contract with the Plaintiff with the following contents, in receiving money from the Bank of Korea for the payment of intermediate payment after receiving the sales of the “C apartment” (hereinafter the “instant apartment”) which was scheduled to be constructed in one unit of the Jung-gu Incheon Metropolitan City B block, and concluded a housing credit guarantee contract with the Plaintiff:
(hereinafter “instant credit guarantee agreement”). ① From March 2, 2010 to December 31, 2012, the credit guarantee period of KRW 148,00,000, and from March 2, 2010 to December 31, 2012, the guarantee number D (2) the instant credit guarantee agreement contains the following provisions: (a) the Defendant shall pay the Plaintiff the guarantee fee, the guarantee fee, and the overdue charge in accordance with the Plaintiff’s rate, calculation method, and collection period prescribed by the Korea Housing Finance Corporation Ordinance; and (b) the Plaintiff shall pay the Plaintiff the amount of the guaranteed obligation, the expenses incurred in the discharge of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, the expenses incurred in the exercise of the guaranteed obligation, and the damages for delay at the interest rate of the Plaintiff as determined by the Plaintiff.
(3) After doing so, on January 28, 2014, the Plaintiff subrogated to the Bank for the principal and interest of KRW 158,688,173 (=interest of KRW 148,00,000) based on the above guarantee, and the additional guarantee fee currently remains 1,14,420.
(4) Meanwhile, the sales contract on the apartment of this case was terminated between Domi Construction and the Defendant. The Plaintiff recovered KRW 148,00,000 from the intermediate payment due to the termination of the sales contract, etc. and then appropriated KRW 2,469,147 among them to KRW 2,469,147 by subrogation, such as the cost of preserving the claim, and the remainder of KRW 145,530,853 by 13,157,320 (i.e., KRW 158,688,173 - KRW 145,530,853).
In addition, the amount of finalized damages of KRW 145,530,853, which is appropriated for the amount of subrogated payment, is KRW 17,033,090.
[Reasons for Recognition] There is no dispute.