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1. The Defendant’s KRW 54,239,155 and KRW 11,066,191 among them shall be the Plaintiff from December 27, 2013 to August 31, 2015.
Reasons
1. In light of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 to 10 (including additional numbers), the facts constituting the cause of the claim can be acknowledged in the annexed sheet No. 1 to 10
According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 54,239,155 (i.e., principal 11,06,066,191 additional guarantee fees of KRW 930,640,00 for delay delay damages of KRW 42,114,224 for delay delay damages of KRW 930,640 for subrogated and the principal 11,06,191 for the payment by subrogation from December 27, 2013 to August 31, 2015, the agreed interest rate of KRW 12% for the period from September 1, 2015, which is the following day until August 31, 2015, the delivery date of an application for modifying the purport of the claim from September 1, 2015 to January 17, 2017; and (ii) to delay damages calculated by 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the instant credit guarantee agreement was concluded between the Defendant and the Korea Land Trust and New Master Construction (hereinafter “instant construction company, etc.”) regarding the intermediate payment loan of the sales contract.
In light of the contents of the Agreement between the instant construction company, etc. and the Plaintiff, etc., the Plaintiff is obligated to comprehensively liquidate the obligation between the Plaintiff and the instant construction company, etc. by requesting the instant construction company, etc. to cancel the apartment sale contract concluded by the Defendant, and by receiving the refund of the sales price already paid from the instant construction company, etc. following the cancellation thereof.
Therefore, according to the cancellation of apartment sales contract concluded by the Defendant, the Plaintiff should comprehensively liquidate the apartment sales contract by receiving not only the principal of the sales price already paid from the instant construction company, etc. but also the intermediate payment return interest thereon.
B. The evidence presented by the judgment alone is alone to the Defendant.