A. On May 9, 2008, the Defendant took out a loan of KRW 132 million from the Korea Standards Bank for the Non-Party, Ltd. (hereinafter “Non-Party Bank”) by the due date on May 9, 2013, and as collateral ① in addition to setting the right to collateral security in Eunpyeong-gu Seoul, Inc. 102, the Defendant subscribed to the Plaintiff’s “Maggage Credit Insurance” (Morgage Ltd., the Insured Bank, the insurance amount of KRW 32 million) (in addition to setting up the right to collateral security in Eunpyeong-gu, Seoul.).

(hereinafter “instant insurance contract”). B.

As the Defendant did not perform its obligation under the preceding paragraph at the time when it becomes due, Nonparty Bank claimed insurance proceeds under the insurance contract of this case against the Plaintiff on December 15, 2014, and on February 24, 2015, the Plaintiff paid KRW 32 million insurance proceeds to Nonparty Bank.

C. According to the instant insurance contract, where the Plaintiff pays insurance money to the insured, the Defendant shall immediately compensate for the insurance money, but if so, the damages for delay calculated by applying the overdue interest rate set by the Plaintiff from the day following the date of the payment of insurance money

Meanwhile, in calculating damages for delay, the Plaintiff shall apply the interest rate of 6% per annum from the day after the date of payment of insurance money to 30 days, 9% per annum from the next day to 60 days, 15% per annum from the next day to December 31, 2015, and 12% per annum from the next day to the delivery date of a copy of the complaint, and the interest rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of payment

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant recorded that the plaintiff's insurance money of KRW 32 million paid to the non-party bank and its payment date after January 1, 2016 to February 18, 2016, as the plaintiff seeks, the delivery date of the copy of the complaint of this case from January 1 to February 18, 2016.