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(영문) 인천지방법원 2019.08.22 2019가단212357
구상금
Text

1. The Defendant’s annual interest in KRW 30,60,908 and KRW 8,899,748 among the Plaintiff, from November 29, 2013 to August 31, 2015.

Reasons

1. Basic facts

A. As a purchaser of B apartment in Incheon Metropolitan City (hereinafter “instant apartment”), the Defendant requested a housing finance credit guarantee to C, which is an institution entrusted with the Plaintiff’s business, in order to secure the repayment of the principal and interest of the loan, as a purchaser of the housing loan from C (hereinafter “C”), and C, from the qualification of an institution entrusted with the Plaintiff’s business, concluded a housing finance credit guarantee agreement with the Defendant on two occasions with each other (hereinafter “each of the instant credit guarantee agreements”), issued each of the instant housing finance credit guarantee agreements with the Defendant, and loaned the relevant amount to the Defendant.

On February 25, 201, when the second credit guarantee agreement was concluded on February 25, 201, the date of the conclusion of the second credit guarantee agreement of the first credit guarantee agreement, Defendant C’s creditor, Defendant C’s creditor, as the principal (loan amount) 124,660,000 won, 24,940,000 won (loan period) and December 31, 2012.

As the Defendant delayed the repayment of each of the above loans, on November 28, 201, the Plaintiff subrogated to the Defendant’s respective loans (the principal and interest loan obligations under the first guarantee, KRW 132,187,32, and KRW 26,312,416) based on the housing finance credit guarantee (hereinafter “the first guarantee”) on December 31, 2009 and the housing finance credit guarantee (hereinafter “the second guarantee”) on November 29, 201.

C. On January 19, 2015, the Plaintiff collected KRW 149,60,00 for an intermediate payment due to the cancellation of the instant apartment sales contract, etc., from the executor, etc. of the instant apartment, and collected KRW 132,187,32,187,32 among which the Plaintiff had concluded on January 19, 2015, and did not have the balance of principal by appropriating the total amount to the principal of the subrogated payment due to the first guarantee (i.e., KRW 149,60,600 - KRW 132,187,32). The remainder of KRW 17,68 (i.e., KRW 149,60,00 - KRW 132,187,32) remains due to the partial repayment of the principal of the subrogated payment due to the second guarantee (=26,312,416 won).

The amount of damages determined from the date following the date of subrogation by the plaintiff to the date of each appropriation = 20,509,544 won = the first one.

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