A. On March 2, 2016, the Defendant concluded a guarantee insurance contract for livelihood stabilization fund (hereinafter “instant guarantee insurance contract”) with the Plaintiff, which provides a guarantee for the return of loans to members of D organizations for four years from March 2, 2016, with the amount of insurance coverage of D organizations, KRW 51,368, and KRW 700, and KRW 4 years from March 2, 2016.

B. Article 2(1) of the Guarantee Insurance Contract provides, “When the Plaintiff pays insurance proceeds to the insured due to a failure to perform the Defendant’s obligation or obligation guaranteed by the Plaintiff, the Defendant shall immediately redeem the insurance proceeds, but if delayed, he shall pay the insurance proceeds in addition to the damages for delay in the payment of the insurance proceeds.” Article 2(2) of the Guarantee Insurance Contract provides, “The damages for delay referred to in paragraph (1) shall be calculated by calculating the insurance proceeds for the payment by one year and 365 days from the day following the day of the payment of the insurance proceeds to the day of full payment

C. On November 29, 2018, the D organization claimed insurance proceeds of KRW 48,192,020 on the ground that the Defendant, who received a loan under the instant guarantee insurance contract, did not perform his/her obligations. On December 26, 2018, the Plaintiff paid KRW 48,429,880 to the D organization.

The interest rate applicable to delay damages publicly announced by the Plaintiff is 6% per annum from the date following the payment date of insurance proceeds to the 30th day of delay, and 9% per annum from the 31st day to the 90th day of delay, and accordingly, damages for delay incurred from December 27, 2018 to January 25, 2019 are 238,832 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff, the insurer of the instant guarantee insurance contract, paid insurance proceeds of KRW 48,429,880 to D Organizations, barring special circumstances, the Defendant is below the Plaintiff’s indemnity amount of KRW 48,668,710 = KRW 48,429,880, KRW 238,832, and KRW 238,832 as sought by the Plaintiff.