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1. The Defendant’s annual interest in KRW 16,178,144 and KRW 7,596,947 among the Plaintiff, from February 22, 2014 to March 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 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:
(hereinafter “instant credit guarantee agreement”). ① From January 6, 2010 to December 31, 2012, the term of guarantee (124,630,000 won, and from January 6, 2010 to December 31, 2012, the term of guarantee (2) the instant credit guarantee agreement includes: (a) the Defendant shall pay the Plaintiff the guarantee fee, the guarantee fee, and the overdue charge in accordance with the Plaintiff’s rate, calculation method, and collection period prescribed by the Korea Housing Finance Corporation Ordinance; and (b) the Plaintiff shall pay the Plaintiff the amount of the guaranteed obligation, the expenses incurred in the discharge of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, the expenses incurred in the exercise of the guaranteed obligation, and the damages for delay at the interest rate determined by the Plaintiff. As determined by the Plaintiff, the rate of damages
(3) After that, on February 21, 2014, the Plaintiff subrogated to the Bank for the principal and interest of KRW 80,591,332 (=interest of KRW 74,80,000 on principal and interest of KRW 5,432,732) based on the above guarantee, and the additional guarantee fee currently remains 613,810 won.
(4) Meanwhile, the sales contract on the apartment of this case was terminated between Domi Construction and the Defendant. The Plaintiff recovered KRW 74,800,000 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 1,805,615 among them to substitute payments such as expenses for preserving claims, and the remainder of KRW 72,994,385 to be appropriated for the total amount of subrogated payment due to the above guarantee (=7,596,947 won (=80,591,32 won - 72,94,385 won).
In addition, the amount of finalized damages for 72,94,385 won appropriated for the amount of subrogated payment is KRW 7,967,387.
[Reasons for Recognition] Unsatisfy, A 1.