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(영문) 인천지방법원 2015.06.11 2014가단214624
구상금
Text

1. As to KRW 30,783,705 and KRW 14,273,593 among them, the Defendant shall pay to the Plaintiff the year from February 19, 2014 to March 10, 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 (i) the amount guaranteed on February 9, 2010 KRW 118,660,00; (ii) the term of guarantee from February 9, 2010 to December 31, 2012; (iii) D number 1: (iv) the guaranteed amount 23,740,000; and (iv) the term of guarantee from December 6, 201 to December 31, 2012; and (iv) the guarantee number E (ii) the term of guarantee from December 6, 2011 to December 31, 2012; and (v) the Defendant paid the Plaintiff the guarantee fee and overdue charge in accordance with the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation; and (iv) the amount of the Plaintiff’s performance of the guaranteed obligation; (v) the expenses incurred in the repayment of the guaranteed obligation; (v) the expenses incurred in the exercise and exercise of the guaranteed obligation; and (v) the Plaintiff’s damages for delay.

(3) Thereafter, on February 18, 2014, the Plaintiff paid to the Bank 127,199,778 won (i.e., principal amount of KRW 118,60,00,539,778) based on the foregoing guarantee (i.e., principal amount of KRW 8,539,778). (ii) Based on the guarantee, the Plaintiff subrogated the principal amount of KRW 26,445,818 (i.e., principal amount of KRW 23,740,000 (= interest of KRW 1,703,702,050), and the additional guarantee fee remaining at present is KRW 1,160,100.

(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 collected KRW 142,409,00 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 3,036,97 among them to the substitute payment such as the cost of preserving the claim, and KRW 127,19,78 due to the said guarantee.

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