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(영문) 인천지방법원 2015.09.11 2014가단215528
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,94,675 as well as KRW 9,705,530 as to the Plaintiff. From September 28, 2013 to March 13, 2014.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) The Defendant took out a housing credit guarantee contract with the Plaintiff with the following content as a loan from the Nonghyup Bank in order to pay part payments 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 entered into a housing credit guarantee contract with the Plaintiff:

(1) The term “the instant credit guarantee agreement” refers to: (a) the amount guaranteed on February 10, 201, KRW 115,950,00; (b) the term of guarantee from February 10, 201 to December 31, 2012; (c) the guarantee number D 23,250,000; (d) the term of guarantee from November 29, 201 to December 31, 201; and (e) the guarantee number E (2) the Defendant paid the Plaintiff 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 (d) the amount, expenses incurred by the Plaintiff’s performance of the guaranteed obligation; (e) the expenses incurred by the Plaintiff’s performance of the guaranteed obligation; and (e) the expenses incurred by the Plaintiff’s transfer and exercise of the guaranteed obligation; and (e) the damages for delay determined by the Plaintiff are included in the instant credit guarantee agreement.

(3) On September 27, 2013, the Plaintiff subrogated to the Nonghyup Bank for the principal amounting to KRW 122,258,020 (=interest KRW 115,950,00 + Interest KRW 5,203,198 + Interest KRW 1,104,82) based on the foregoing guarantee. ② Principal amounting to KRW 24,294,038 based on the foregoing guarantee + Interest KRW 23,250,000 + Interest KRW 1,04,000 + Interest KRW 1,04,038). Under the foregoing guarantee, the Plaintiff paid to the Nonghyup Bank for the principal amounting to KRW 738,630.

(4) Meanwhile, the sales contract for the apartment of this case between F and the Defendant was terminated, and the Plaintiff collected KRW 139,200,000 from the intermediate payment due to the termination of the sales contract, etc., and KRW 2,353,472 from which the Plaintiff collected KRW 139,20,00 from the intermediate payment due to the termination of the sales contract, and appropriated KRW 2,353,472 from the payment by subrogation, such as the cost of preserving the claim, and KRW 1

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