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1. The Defendant shall pay to the Plaintiff KRW 52,395,415 as well as KRW 11,242,176 as to the Plaintiff. From February 19, 2014 to August 31, 2015.
Reasons
1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 7, the facts in the separate sheet “the changed cause of claim” are recognized.
2. According to the facts of the determination as to the cause of the claim, pursuant to the credit guarantee agreement concluded between the Plaintiff and the Defendant (hereinafter “credit guarantee agreement of this case”), the Defendant is obligated to pay the Plaintiff damages for delay calculated by applying the annual rate of 12% per annum from February 19, 2014 to August 31, 2015, the following day to the agreement for the payment of KRW 11,242,176, the fixed delay damages of KRW 40,234,649, the late delay damages of KRW 3,040, the additional guarantee fees of KRW 915,55,415, and the amount of subrogated payment of KRW 11,242,176, the date following the date of subrogation, to August 26, 2016, and KRW 8% per annum from the day following the date of delivery of a copy of the complaint of this case to August 26, 2016.
3. Judgment on the defendant's assertion
A. A summary of the argument 1) The instant credit guarantee agreement was concluded at the same time with an intermediate payment loan agreement in the process of purchasing an apartment, and since the Plaintiff failed to fulfill its duty to explain clearly regarding the said credit guarantee agreement, the instant credit guarantee agreement is null and void in violation of the Act on the Regulation of Terms and Conditions and the Banking Act (hereinafter “Section 1”).
(2) The Plaintiff should recover the amount of subrogation by filing a claim against the executor and the contractor, not the claim for reimbursement against the Defendant, who is the buyer, or by selling the apartment sold by the Defendant by public auction, etc.
(hereinafter “Chapter 2”). In relation to an intermediate payment loan agreement that is the object of the instant credit guarantee agreement, an apartment sale contract was rescinded between the Defendant and the Korea Land Trust. Accordingly, the Plaintiff received an intermediate payment loan in the name of the Defendant from the Korea Land Trust, and thus, the Plaintiff’s claim against the Defendant for reimbursement against the Defendant.