구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.
1. Basic facts
A. On August 3, 2013, the Defendant entered into a contract with the Plaintiff’s Intervenor on a fixed construction period of KRW 85,00,000 (value-added tax, floor size of the construction work, KRW 7,788,90) of the office No. 1403, Sungnam-si B (hereinafter “instant construction contract”) (hereinafter “instant construction contract”).
B. Around August 26, 2013, the Defendant entered into a guarantee insurance contract with the Plaintiff with the content that the Defendant would compensate the Plaintiff’s Intervenor, the insured, for the loss incurred due to the Defendant’s failure to perform its obligations under the instant construction contract or statutory obligations, from August 24, 2013 to August 23, 2014, with the insurance amount of KRW 9,350,000, as the insurance amount of KRW 9,350,000.
(hereinafter “instant insurance contract.” According to the above insurance contract, when the Plaintiff paid insurance money to the insured, 6% per annum from the day following the date of payment of insurance money to the day of full payment. The overdue interest rate determined by the Plaintiff is 9% per annum from the day following the date of payment of insurance money to 30% per annum, 9% per annum from 31 to 90 days, and 90% per annum from the day after the date of payment of insurance money.
C. After the completion of the instant construction project, the Plaintiff asserted that the Defendant did not perform his/her duty of repair of defects even though there was any defect, such as breaking or breaking the object of the instant construction on August 27, 2014, the Plaintiff claimed KRW 9,000,000, the Plaintiff paid KRW 5,550,000, which is recognized as an appropriate cost of repair of defects, to the Plaintiff’s Intervenor on November 14, 2014.
A claim for the principal of and interest on indemnity under the instant insurance contract is KRW 5,50,000 as of December 14, 2014 (30 days from the day after the day after the day of payment of the above insurance money), and KRW 27,369, in total, KRW 57,369.
[Ground of recognition] A.