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(영문) 인천지방법원 2015.06.11 2014가단213096
구상금
Text

1. As to KRW 30,171,802 and KRW 13,867,069 among them, the Defendant shall pay to the Plaintiff the year 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 entered into a housing credit guarantee contract with the Plaintiff with the following contents, in receiving money from the Bank of Korea for the payment of intermediate payment after receiving the sales of the “C apartment” (hereinafter the “instant apartment”) which was scheduled to be constructed in one unit of the Jung-gu Incheon Metropolitan City B block, and concluded a housing credit guarantee contract with the Plaintiff:

(1) The term “the instant credit guarantee agreement” refers to the amount guaranteed on February 25, 2010; (2) KRW 115,970,000; (3) from February 25, 2010 to December 31, 2012; (4) No. D (1) the guaranteed amount 23,230,000; and (3) the guaranteed period ranging from December 6, 201 to December 31, 2012; and (2) the guarantee number E (2) the Defendant’s credit guarantee agreement includes the amount to the Plaintiff according to the rate determined by the Plaintiff based on the Ordinance of the Korea Housing Finance Corporation; and (4) the amount to be paid by the Plaintiff, expenses incurred in the performance of the guaranteed obligation; (4) the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation; and (5) the amount to be paid by the Plaintiff on December 21, 2012.

(3) Thereafter, on February 14, 2014, the Plaintiff subrogated to the Bank for the principal amounting to KRW 124,212,827 (i.e., interest of KRW 115,970,00 for principal amounting to KRW 8,242,827 for principal amounting to KRW 992,670 for principal amounting to KRW 115,970,00 for principal amount) based on the above guarantee (i.e., interest of KRW 23,230,00 for principal amounting to KRW 1,652,00 for principal amounting to KRW 989,490 for interest amounting to KRW 23,230,00 for principal amounting to KRW 1,123,040 for additional guarantee fees which remain

(4) On the other hand, the sales contract for the apartment of this case was terminated between U.S. Construction and the Defendant. The Plaintiff recovered KRW 139,213,100 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 2,95,832 among them to the substitute payment such as the cost of preserving the claim, and KRW 124,212,827 as the above guarantee.

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