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(영문) 인천지방법원 2015.06.11 2014가단213126
구상금
Text

1. As to KRW 31,253,849 and KRW 14,040,726 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 15, 2014 to February 21, 2014.

Reasons

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:

(1) The term “the instant credit guarantee agreement” includes the amount guaranteed on January 6, 2010; (2) KRW 122,320,00,00 from January 6, 201 to December 31, 2012; (3); (4),480,00 won guaranteed on December 6, 201; and (3) the term of guarantee number E (2) from December 6, 201 to December 31, 2012; and (3) the term of guarantee number E (2) the Defendant’s credit guarantee agreement 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 (4) the expenses incurred by the Plaintiff to discharge the guaranteed obligation; (3) the expenses incurred by the Plaintiff to discharge the guaranteed obligation; and (4) the expenses incurred by the Plaintiff to pay damages for delay at the rate of interest determined by the Plaintiff on December 1, 2012.

(3) Thereafter, on February 14, 2014, the Plaintiff paid the principal amount of KRW 131,064,302 (i.e., the principal amount of KRW 122,320,00,000) to us on the basis of the foregoing guarantee (i.e., the principal amount of KRW 8,744,302); and (ii) on the basis of the guarantee, the Plaintiff subrogated the principal amount of KRW 26,793,905 (i.e., the principal amount of KRW 24,480,00 (= the principal amount of KRW 1,740,915), and the additional guarantee fee remaining at present is KRW 1,184,370.

(4) On the other hand, the sales contract for the apartment of this case was terminated between U.S. Construction and the Defendant. The Plaintiff recovered KRW 146,80,000 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 2,982,519 among them to the substitute payment such as the cost of preserving the claim, and KRW 131,064,302 due to the said guarantee.

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