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1. As to KRW 50,060,107 and KRW 10,576,311 among them, the Defendant shall pay to the Plaintiff the year from February 22, 2014 to August 31, 2015.
Reasons
1. Determination as to the cause of the claim (Provided, That the “creditor” shall be deemed to be the “Plaintiff,” and the “debtor” shall be deemed to be the “Defendant,” respectively) and each fact in the changed cause of claim may be acknowledged in full view of the following: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 3 and 5 (including each number), and the purport of the entire pleadings.
According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 50,060,107 and KRW 10,576,31 of the total amount of remaining claims and KRW 12% per annum, which is the agreed ratio from February 22, 2014 to August 31, 2015, and from the next day to December 1, 2016, the delivery date of a copy of the application for change of claim and cause of claim of this case, 8% per annum, which is the agreed ratio as requested by the plaintiff, and damages for delay calculated by 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.
2. The defendant's assertion and judgment
A. A summary of the assertion (1) The credit guarantee agreement asserted by the Plaintiff was concluded at the same time as a collective loan agreement, and the Plaintiff did not perform his/her duty to clarify and explain the guarantee under Article 3 of the Act on the Regulation of Terms and Conditions at the time of the collective loan agreement, and did not perform his/her duty under Article 24-4 of the Banking Act and the Enforcement Decree of the Banking Act (the pertinent information and data about the contract documents should be provided and explained).
(2) The Plaintiff shall not recover the amount of subrogation from the Defendant’s individual, but shall recover the loan by filing a claim against the executor and the contractor in accordance with the intermediate payment loan service agreement between the executor and the lending financial institution, or recover the amount of subrogation by selling the apartment sold by the Defendant through the public auction for the apartment sold by the Defendant.
(3) The contract for sale in lots concluded between the Korea Land Trust and the Defendant is concluded.