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1. The Defendant shall pay to the Plaintiff KRW 30,09,402 as well as KRW 13,963,73 from February 19, 2014 to March 12, 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” refers to the amount guaranteed on February 16, 2010; (2) KRW 115,950,000; (3) from February 16, 2010 to December 31, 2012; (4) No. D (1); (3),250,000 won guaranteed on December 6, 201; (3) the term of guarantee from December 6, 201 to December 31, 2012; and (4) No. E (2) the term of the instant credit guarantee agreement includes the amount 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; (4) the expenses incurred in performing the guaranteed obligation; (5) the expenses incurred in compensating for the rights acquired through the discharge of the guaranteed obligation; and (5) the amount to be paid by the Plaintiff on December 1, 2012.
(3) Thereafter, on February 18, 2014, the Plaintiff paid 124,261,292 won (i.e., principal interest of KRW 115,950,00) to us on the basis of the above guarantee (i.e., principal interest of KRW 8,311,292); and (ii) on the basis of the guarantee, the Plaintiff subrogated 25,911,362 won (i.e., principal interest of KRW 23,250,000 (= interest of KRW 1,68,602, KRW 992,760), and the additional guarantee fee remaining at present is KRW 1,134,030.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between Domi Construction and the Defendant. The Plaintiff recovered KRW 139,201,060 from the intermediate payment due to the termination of the sales contract and appropriated KRW 2,992,139 among them to the substitute payment such as the cost of preserving the claim, and KRW 124,261,292 due to the said guarantee.