구상금
1. As to KRW 31,779,694 and KRW 14,579,04 among the Plaintiff, the Defendant shall pay to the Plaintiff a year from February 15, 2014 to February 25, 2014.
1. Determination as to the cause of claim
A. The facts of recognition (1) The Defendant took out a loan from the Bank of Korea to pay part payments after receiving the “C Apartment” (hereinafter “instant apartment”) which was scheduled to be constructed in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City (hereinafter “instant apartment”), and entered into a housing financial credit guarantee contract with the Plaintiff with the following contents:
(1) The term "credit guarantee agreement of this case" refers to the amount guaranteed on January 15, 201; (2) KRW 122,320,00; (3) the term of guarantee from January 15, 2010 to December 31, 2012; (3) the guarantee number D 24,480,000; and (4) the term of guarantee from December 6, 201 to December 31, 2012; and (2) the guarantee number E (2) the term of the credit guarantee agreement of this case includes the amount to the Plaintiff according to the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation; and (3) the expenses incurred by the Plaintiff to discharge the guaranteed obligation; (4) the expenses incurred by the Plaintiff to discharge the guaranteed obligation; and (4) the expenses incurred by the Plaintiff at the rate of interest determined by the Plaintiff; and (4) the damages for delay after the date of the agreement.
(3) On February 14, 2014, the Plaintiff subrogated to the Bank for the principal amounting to KRW 131,050,764 (= principal amounting to KRW 122,320,00 + interest KRW 8,730,764) based on the foregoing guarantee; ② the principal amounting to KRW 27,233,865 (= principal amounting to KRW 24,480,00 + interest + interest KRW 1,740,915 + interest + interest KRW 1,740,915 + interest KRW 1,012,950); and the additional guarantee fee remaining at present is KRW 1,184,370.
(4) On the other hand, the sales contract on the apartment of this case was terminated between U.S. Construction and the Defendant. The Plaintiff recovered KRW 146,80,870 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 3,095,284 among them to the total amount of substitute payment such as expenses for preserving bonds, etc., and KRW 131,050,764 out of the remainder is due to guarantee ①.