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1. The Defendant’s annual interest in KRW 32,061,240 and KRW 14,590,565 among the Plaintiff, from February 6, 2014 to February 18, 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 the amount guaranteed on February 3, 2010; (2) KRW 121,940,000; (3) from February 3, 2010 to December 31, 2012; (4),460,00 won guaranteed on December 6, 201; (4); and (3) the term of guarantee number E (2) from December 6, 201 to December 31, 2012; and (3) the term of guarantee number E (2) from December 6, 2011 to December 31, 2012; and (4) the Defendant paid to the Plaintiff guarantee fee and overdue charge in accordance with the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation; and (4) the expenses incurred by the Plaintiff to discharge guaranteed liabilities; (3) the expenses incurred by the Plaintiff to discharge guaranteed obligations; and (4) the expenses incurred by the Plaintiff to pay damages for delay on December 12, 2012>
(3) Thereafter, on February 5, 2014, the Plaintiff subrogated to the Bank for the principal and interest of KRW 130,453,412 based on the foregoing guarantee (i.e., principal of KRW 121,940,00 + interest of KRW 8,513,412). ② The principal and interest of KRW 26,741,817 based on the foregoing guarantee (= interest of KRW 24,460,00 + interest of KRW 1,703,60 + interest of KRW 578,210 + interest of KRW 578,210). The additional guarantee fee remaining at present is KRW 1,15,140.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between Dami Construction and the Defendant. The Plaintiff recovered KRW 146,867,09 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 4,262,345 among them to the total amount of substitute payment, such as the cost of preserving bonds, etc., and KRW 130,453,412 out of the remainder is due to guarantee ①.