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1. The Defendant: (a) KRW 32,181,151 among the Plaintiff and KRW 6,638,92 among the Plaintiff, 12% per annum from August 31, 2013 to August 31, 2015.
Reasons
1. Facts of recognition;
A. The Defendant, as the buyer of the Incheon Metropolitan City B apartment (hereinafter “instant apartment”), borrowed KRW 23,300,000 from C (hereinafter “C”) on February 12, 2010 as the expiration date of the lending period designated on December 31, 2012 (hereinafter “first loan”), and borrowed KRW 24,700,000 on December 6, 201, as the expiration date of the lending period.
(hereinafter referred to as “second loan”). (b)
On or before February 12, 2010, the Plaintiff entered into a housing finance agreement with the Defendant to provide a credit guarantee agreement between the amount guaranteed 123,30,000,000 with respect to the first loan and the period from February 12, 201 to December 31, 2012 (hereinafter “first guarantee”). From February 5, 2011, the Plaintiff entered into a housing finance agreement between the Defendant and the period from December 5, 201 to December 31, 2012, which is related 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 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 final guarantee fee rate for the Plaintiff’s execution and preservation of the Plaintiff’s claim, exercise, and legal proceedings therefor, and any delay damages
Around January 2013, the Defendant lost the benefit of the due date for the first and second loans due to the delay of the principal and interest of loans, and the Plaintiff on August 2013.