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1. As to KRW 31,59,30 and KRW 14,622,149 among them, the Defendant shall pay to the Plaintiff the year from February 19, 2014 to March 11, 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 "credit guarantee agreement of this case" refers to 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; and (3) the term of guarantee number E from December 6, 201 to December 31, 2012; and (2) The term of the credit guarantee agreement of this case includes the amount guaranteed by the Plaintiff according to the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation and the method of calculation and collection; and (4) expenses incurred by the Plaintiff to discharge guaranteed obligations; (4), expenses incurred by the Plaintiff to discharge guaranteed obligations; and (4) expenses incurred by the Plaintiff to exercise guaranteed obligations; and (5) damages for delay determined by the Plaintiff on December 1, 2012.
(3) Thereafter, on February 18, 2014, the Plaintiff paid to the Bank 130,711,825 won (i.e., principal amount of KRW 121,940,00,771,825) based on the above guarantee (i.e., principal amount of KRW 8,71,825). (ii) Based on the guarantee, the Plaintiff subrogated the principal amount of KRW 27,227,232 (i.e., principal amount of KRW 24,460,00 (= interest of KRW 1,75,442 won), and the additional guarantee fee remaining at present is KRW 1,192,690.
(4) Meanwhile, the sales contract for the apartment of this case was terminated between Domi Construction and the Defendant. The Plaintiff recovered KRW 146,405,450 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 3,08,542 among them to the substitute payment such as the cost of preserving the claim, and KRW 130,711,825 as the substitute payment due to the above guarantee.