beta
Text
1. The Defendant shall pay to the Plaintiff KRW 30,815,502 as well as KRW 14,591,115 as to the Plaintiff. From February 15, 2014 to February 21, 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 part payments after receiving the “C Apartment” (hereinafter “instant apartment”) which was scheduled to be constructed in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City (hereinafter “instant apartment”), and entered into a housing financial credit guarantee contract with the Plaintiff with the following contents:
(1) The term “the instant credit guarantee agreement” includes: (a) the amount guaranteed on February 26, 2010 KRW 139,200,000; (b) the term of guarantee from February 26, 2010 to December 31, 2012; and (c) the term of guarantee number D (2) the instant credit guarantee agreement includes the Defendant’s payment to the Plaintiff of the guarantee fee and overdue charge in accordance with the Plaintiff’s rate, calculation method, and collection period prescribed by the Korea Housing Finance Corporation Ordinance; and (d) the amount of the Plaintiff’s performance of the guarantee obligation; (b) the expenses required for the performance of the guaranteed obligation; (c) the expenses required for the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation; and (d) the damages for delay at the interest rate determined by the Plaintiff’s rate after December 1, 2012.
(3) Thereafter, on February 14, 2014, the Plaintiff subrogated to the Bank for the principal amounting to KRW 150,087,385 (i.e., principal amounting to KRW 139,20,000,000, KRW 992,670), and the additional guarantee fee which remains at present is KRW 1,123,050.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between E and the Defendant. The Plaintiff recovered KRW 139,223,189 from the intermediate payment due to the termination of the sales contract and appropriated KRW 3,726,919 from the intermediate payment due to the said termination to KRW 3,726,919, and the remainder of KRW 135,496,270 for the total amount of the subrogated payment due to the said guarantee and appropriated it to KRW 14,591,115 (=150,087,385 - 135,496,270).
In addition, the fixed amount of damages for 135,496,270 won appropriated for the payment by subrogation is 15,101,337 won.
[Grounds for recognition] without dispute;