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1. The Defendant shall pay to the Plaintiff KRW 32,292,961 as well as KRW 7,491,92 as to the Plaintiff. From September 28, 2013 to August 31, 2015.
Reasons
1. Basic facts
A. As a purchaser of B apartment in Incheon Metropolitan City (hereinafter “instant apartment”), the Defendant requested a housing finance credit guarantee to C, which is an institution entrusted with the Plaintiff’s business, in order to secure the repayment of the principal and interest of the loan, as a purchaser of the housing loan from C (hereinafter “C”), and C, from the qualification of an institution entrusted with the Plaintiff’s business, concluded a housing finance credit guarantee agreement with the Defendant on two occasions with each other (hereinafter “each of the instant credit guarantee agreements”), issued each of the instant housing finance credit guarantee agreements with the Defendant, and loaned the relevant amount to the Defendant.
On November 29, 201, when the second credit guarantee agreement was concluded on December 31, 2009, the date of the conclusion of the second credit guarantee agreement of the first credit guarantee agreement, Defendant C’s creditor, Defendant C, the principal of the guaranteed principal (loan amount) of Defendant C, 125,980,000 won, 25,220,000 won (loan period) and December 31, 2012.
As the Defendant delayed the repayment of each of the above loans, on September 27, 2013, the Plaintiff subrogated to the Defendant’s respective loans (132,339,492, and 26,352,500 won as the principal and interest of loans due to the second guarantee) in accordance with the Housing Finance Credit Guarantee (hereinafter “First Guarantee”) on December 31, 2009 and the Housing Finance Credit Guarantee (hereinafter “Second Guarantee”) on November 29, 201.
C. On January 19, 2015, the Plaintiff collected KRW 151,20,000 from the executor, etc. of the instant apartment on the ground of the cancellation of the instant apartment sales contract, and collected KRW 132,339,492 from the implementer, etc. of the instant apartment on January 19, 2015, and appropriated the principal in full for the principal of the subrogated payment due to the first guarantee, and there is no balance of KRW 18,860,508 (=151,200,000 - KRW 132,339,492). The remainder of KRW 132,491,92 (=26,352,500 - 18,860,508) remains.
The amount of damages determined by the date from the date of subrogation to the date of each appropriation = 23,810,892 = the first one.