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1. As to KRW 31,397,152 and KRW 14,818,345 among them, the Defendant shall pay to the Plaintiff the year from February 12, 2014 to March 10, 2014.
Reasons
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 intermediate payments after receiving the sale of the “Yeong Young-gu Green apartment” (hereinafter the “instant apartment”) which was scheduled to be constructed in the block unit A38, Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City (hereinafter the “instant apartment”), and entered into a housing 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 29, 2010; (2) KRW 117,310,00; (3) from January 29, 2010 to December 31, 2012; (3) No. B; (490,000; (4) the term of guarantee from December 6, 201 to December 31, 201; and (4) No. C (2) the term of guarantee from December 6, 2011 to December 31, 2012; and (3) the term of guarantee number C (2) the term of the credit guarantee agreement of this case includes the amount to be paid to the Plaintiff according to the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation; and (4) the amount to be paid by the Plaintiff, expenses incurred in performing the guaranteed obligation, expenses incurred in compensating for the rights acquired through the discharge of the guaranteed obligation; and (3) the Plaintiff’s delay damages for delay.
(3) Thereafter, on February 11, 2014, the Plaintiff paid to the Bank 125,608,892 won (i.e., principal amount of KRW 117,310,00,000) based on the above guarantee (i.e., principal amount of KRW 8,298,892); and (ii) on the basis of guarantee, the Plaintiff subrogated for the principal amount of KRW 26,628,641 (i.e., principal amount of KRW 23,49,000 (= interest of KRW 1,659,021), and the additional guarantee fee remaining at present is KRW 1,127,620.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between U.S. Construction and the Defendant. The Plaintiff recovered KRW 140,819,076 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 3,399,88 among them to substitute payments such as expenses for preserving bonds, etc., and 125,608.