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1. As to KRW 30,012,486 and KRW 8,721,293 among them, the Defendant shall pay to the Plaintiff the year from November 27, 2013 to August 31, 2015.
Reasons
1. Facts of recognition;
A. The Defendant borrowed KRW 22,320,00,000 from C (hereinafter “C”) December 31, 2009 as the buyer of the Incheon Metropolitan City B apartment (hereinafter “instant apartment”) on December 31, 201, as the expiration date of the lending period, and received the loan (hereinafter “first loan”) on December 31, 201, and on December 6, 2011, KRW 24,480,000 as the expiration date of the lending period.
(hereinafter referred to as “second loan”). (b)
On December 31, 2009, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant on the amount guaranteed 122,320,000 won in relation to the first loan, from December 31, 2009 to December 31, 2012 (hereinafter “first guarantee agreement”), and on November 29, 201, the Plaintiff entered into a housing financial guarantee agreement with the Defendant on the amount guaranteed 24,480,000 in relation to the second loan.
(hereinafter referred to as “second guarantee”). (c)
The Defendant entered into a credit guarantee agreement with the Plaintiff, and paid the amount and damages in accordance with the Plaintiff’s rate as determined by the Plaintiff (the rate of damages determined by the Plaintiff shall be 12% per annum from December 1, 2012 to August 31, 2015, and 8% per annum from September 1, 2015), the guarantee fee, overdue guarantee fee (the amount calculated by the rate of 10% per annum from the day immediately after the date when the guarantee fee is to be paid for the unpaid guarantee fee) to the Plaintiff, additional guarantee fee (the amount shall be calculated by adding 0.5% per annum to the last guarantee fee rate from the day following the expiration date of the guarantee period until the day before the expiration date of the guarantee obligation), and the additional guarantee fee (the amount of the guarantee fee which has not been terminated by the due date shall be calculated by adding 0.5% per annum to the last guarantee fee rate for the Plaintiff’s execution and preservation of the Plaintiff’s claim, exercise, and legal proceedings therefor, and
Around January 2013, the Defendant lost the benefit of due to the delay in the principal and interest of loans Nos. 1 and 2, and the Plaintiff lost the benefit of due to the repayment of the principal and interest of loans No. 1 on November 26, 2013.