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1. The Defendant shall pay to the Plaintiff KRW 32,527,679 as well as KRW 15,127,503 from February 22, 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 the amount guaranteed on February 8, 2010; (2) KRW 125,980,000; (3) the term of guarantee from February 8, 2010 to December 31, 2012; (4) the guarantee number D 25,220,000; and (3) the term of guarantee from December 6, 201 to December 31, 201; and (4) the guarantee number E (2) the term of guarantee from December 6, 2011 to December 31, 2012; and (4) 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 (4) the amount of the Plaintiff’s performance of the guaranteed obligation; and (5) the expenses incurred by the Plaintiff to cover the guaranteed obligation; and (5) the expenses incurred by the Plaintiff to pay damages for delay in accordance with the interest rate determined by the Plaintiff.
(3) On February 21, 2014, the Plaintiff subrogated to the Bank for the principal of KRW 135,107,508 (= Principal of KRW 125,980,00 + Interest of KRW 9,127,508) based on the foregoing guarantee; ② the principal of KRW 28,067,038 (= Principal of KRW 25,220,000 + Interest of KRW 1,822,318 + Interest of KRW 1,02,720 + Costs of KRW 1,02,720); and the additional guarantee fee remaining at present is KRW 1,240,740.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between F and the Defendant. The Plaintiff recovered KRW 151,201,350 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 3,154,307 among them to the total amount of subrogated payment, such as the cost of preserving the claim, and KRW 135,107,508 out of the remainder.