구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
1. The factual basis of the dispute (i) The Defendant entered into an insurance contract for guaranteeing livelihood security funds (hereinafter “instant guarantee insurance contract”) with the Plaintiff on July 29, 2005, using the purchase amount of insurance as 31,059,820 won, and the insured as the Korean Teachers’ Credit Union (hereinafter “Mutual Aid Association”), and received a loan from the Mutual Aid Association for guaranteeing livelihood security funds.
② On October 27, 2005, the Plaintiff paid 30,824,890 won insurance money to the Mutual-Aid Association as the Defendant failed to perform the obligation to return loans to the Mutual-Aid Association.
③ The Defendant filed an application for individual rehabilitation (Cheongju District Court 201 Session 6071).
In the above case, the list of individual rehabilitation creditors dated May 27, 2011 prepared by the Defendant stated that the Plaintiff’s claim for indemnity against the Defendant was KRW 44,971,200 (principal KRW 17,465,326, failed interest KRW 27,505,874, and base date of calculation).
After that, a claim was finally confirmed as stated in the list of individual rehabilitation creditors.
On October 18, 2011, the Plaintiff received a decision to authorize the repayment plan with respect to repayment of individual rehabilitation claims confirmed by the Plaintiff, but the above rehabilitation procedure was abolished on September 27, 2012.
④ By March 17, 2017, the Defendant repaid the principal amount of the indemnity claim to the Plaintiff in installments.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings
2. In full view of the facts stated in the evidence No. 1 and No. 5 and the purport of the entire pleadings, Article 3(1) of the Guarantee Insurance Contract provides, “When the defendant fails to repay the obligation to return the loan to the insured and the plaintiff paid the insurance money, the defendant shall immediately reimburse the insurance money, but if delayed, the damages for delay shall be paid by adding the damages for delay from the day following the payment date of the insurance money to the full payment date.” Article 3(3) provides, “The damages for delay from the day following the payment date of the insurance money to the payment date shall be the interest rate