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1. As to KRW 28,361,334 and KRW 10,169,105 among them, the Defendant shall pay to the Plaintiff the year from November 23, 2013 to March 11, 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 the amount guaranteed on February 11, 2010; KRW 105,950,000; the term of guarantee from February 11, 2010 to December 31, 2012; KRW 21,250,000; the term of guarantee from November 30, 201 to December 31, 201; and KRW 21,250,000; and the term of guarantee from November 30, 201 to December 31, 2012; and KRW E (2) the term of the instant credit guarantee agreement includes the amount to the Plaintiff according to the rate, calculation method, and collection period determined by the Plaintiff based on the Korea Housing Finance Corporation Ordinance; where the Plaintiff performed the guaranteed obligation, the amount of the guaranteed obligation; the expenses incurred for the performance of the guaranteed obligation; the expenses incurred for the transfer and exercise of the guaranteed obligation; and damages for delay determined by the Plaintiff.
(3) On November 22, 2013, the Plaintiff subrogated to the Nonghyup Bank for the principal amounting to KRW 112,721,652 (=interest KRW 105,950,00 + Interest KRW 5,728,526 + Expenses KRW 1,043,126) based on the foregoing guarantee. ② Principal amounting to KRW 22,398,541 (= Principal + Interest KRW 21,250,00 + Interest KRW 1,148,541) on behalf of the Plaintiff, and the additional guarantee fee remaining at present is KRW 815,470.
(4) Meanwhile, the sales contract for the apartment of this case between F and the Defendant was terminated, and the Plaintiff collected KRW 127,200,000 from the intermediate payment due to the termination of the sales contract, etc. and appropriated KRW 2,248,912 among them to the total amount of advances such as the cost of preserving the claim, etc., and KRW 112,721,652 out of the remainder is due to guarantee ①.