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1. The Defendant’s annual interest in KRW 207,710,908 and KRW 207,161,478 among the Plaintiff, from July 25, 2014 to August 31, 2015.
Reasons
1. Determination as to the cause of claim
(a)The following facts are not in dispute between the Parties:
1) The Plaintiff is the Defendant’s Bank Co., Ltd. (hereinafter “Korea Bank”).
(2) On March 2, 2010, the Defendant guaranteed the Defendant’s obligation to pay the Plaintiff the principal and interest of the loan to the Bank by issuing a housing finance credit guarantee certificate (guarantee No. B and C) with the guarantee amount of KRW 164,650,00 as of March 2, 201, KRW 4 years after the guarantee period was extended, ② the guarantee period of KRW 32,930,00 as of December 2, 201, and KRW 2 years and three months after the guarantee period was extended. (2) In the event the Plaintiff’s repayment of the guarantee obligation due to the Plaintiff’s repayment of the loan granted under each of the above housing credit guarantee certificates, the Defendant agreed to pay the Plaintiff the amount of the Plaintiff’s repayment according to the ratio and calculation method set by the Plaintiff’s repayment method, and other incidental obligations.
3) The Defendant, based on the foregoing Housing Finance Credit Guarantee Agreement, received respectively loans from our bank in KRW 164,650,000 on March 2, 2010 and KRW 32,930,00 on December 2, 2011, respectively. 4), and thereafter, the Defendant lost the benefit of time, and the Plaintiff repaid to our bank KRW 172,253,941 and KRW 34,907,537 on July 24, 2014.
5) In addition, the Defendant concluded each housing finance credit guarantee agreement with the Plaintiff, as seen above, to pay guarantee fees and delay damages therefor. However, 549,430 won, such as attempted guarantee fees, etc. accrued prior to the performance of the said guaranteed obligation, remains. 6) Under the respective housing finance credit guarantee agreement, the rate of damages determined by the Plaintiff is 12% per annum from July 25, 2014 to August 31, 2015, the date following the Plaintiff’s repayment date, and 8% per annum from September 1, 2015.
B. According to the above facts, barring any special circumstance, the Defendant did not pay the Plaintiff the amount of KRW 207,710,908 (i.e., the amount of KRW 172,253,941, the amount of KRW 34,907,537, and the amount of KRW 207,161,478 (i.e., the amount of KRW 172,253,941, the amount of KRW 34,907,537) and the sum of the amount of the repayment (i.e., the amount of KRW 172,253,941).