A. (1) As to the amount of loan to the Defendant and the Defendant’s D organizations around July 11, 2014, the Plaintiff provided a guarantee insurance contract with the insured D organization, the insured amount of which is KRW 50 million, and the insurance period from July 11, 2014 to July 10, 2020 (hereinafter “instant guarantee insurance contract”).

(2) The Defendant shall pay the damages for delay as determined by the Plaintiff in addition to the damages for delay under the instant guarantee insurance contract. The rate of damages for delay is 6% per annum from the day following the payment date of insurance money to 30% per annum, and 9% per annum from the following day.

B. A D organization filed a claim with the Plaintiff for payment of insurance proceeds on January 2015, and the Plaintiff subrogated for KRW 46,480,290 on January 30, 2015.

C. Meanwhile, the claim under the instant guarantee insurance contract, calculated as of November 27, 2018, after deducting the money partially paid from the Defendant, is the principal amount of KRW 36,012,190, and damages for delay, KRW 19,35,50.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 5,347,740 won (=36,012,190 won) plus 36,012,190 won, the principal of which is 36,012,190 won from November 28, 2018, which is the day following the date of calculating the last damages for delay, to October 4, 2019, the agreed delay interest rate of 9% per annum from November 28, 2018 to October 4, 2019, the delivery date of the instant payment order, and 12% per annum from the following day to the date of full payment.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.