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1. The Defendant shall pay to the Plaintiff KRW 31,353,832 as well as KRW 8,404,512 from November 5, 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 25,980,000 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 25,190,000 on December 6, 201, as the expiration date of the lending period.
(hereinafter referred to as “second loan”). (b)
On February 12, 2010, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant, setting the coverage amount of KRW 125,980,00 with respect to the first loan, from February 12, 201 to December 31, 2012 (hereinafter “first guarantee”). On May 24, 2011, the Plaintiff entered into a housing financial credit guarantee agreement with the Defendant for the guarantee amount of KRW 25,190,000 with respect 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 due to the delay of 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. 133,097.