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(영문) 인천지방법원 2015.05.14 2014가단207633
구상금
Text

1. The Defendant’s annual interest in KRW 160,456,791 and KRW 158,69,431 among the Plaintiff, from October 7, 2013 to May 3, 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 from the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City “C” (hereinafter “instant apartment”) which was scheduled to be constructed on the block members of the B block.

(1) The Defendant concluded a credit guarantee agreement to pay the Plaintiff a guarantee fee and overdue charge in accordance with the rate, calculation method, and collection period determined by the Plaintiff based on the Korea Housing Finance Corporation Ordinance, and to pay the Plaintiff a delay compensation calculated in accordance with the same Act and subordinate statutes from February 10, 2010 to December 31, 2012, from February 10, 2010 to December 31, 2012, D 24,980,000 of the guaranteed amount on May 10, 2012, and the guarantee number E from May 10, 2012 to December 31, 2012.

(3) On October 7, 2013, the Plaintiff paid the principal amount of KRW 131,352,811 (i.e., the principal amount of KRW 124,90,00,000) based on the foregoing guarantee, and ② KRW 27,346,620 based on the guarantee (i.e., the principal amount of KRW 24,980,000) (i.e., the principal amount of KRW 1,290,560).

In addition, the additional guarantee fee currently remains 824,860 won, and the plaintiff additionally paid 932,50 won to the defendant's property as the preservation expenses for claims against the defendant's property.

(4) The interest rate for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is out of KRW 160,456,791 (=131,352,811 on behalf of the Plaintiff based on the guarantee (2) additional guarantee fees of KRW 27,346,620 on behalf of the Plaintiff and KRW 932,50 on behalf of the Plaintiff).

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