구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. Codefendant C of the first instance trial concluded a guarantee insurance contract with the Plaintiff on January 17, 2017 for the payment guarantee of the purchase of goods pursuant to the transaction agreement concluded with the F Co., Ltd. (hereinafter “F”), the insurance period from January 16, 2017 to January 15, 2018; the insured from January 16, 2017 to January 15, 2018; and Defendant D and Codefendant C of the first instance trial jointly and severally guaranteed the obligation under the instant insurance contract by Codefendant C of the first instance trial.
B. In the instant insurance contract, when a co-defendant C of the first instance trial paid insurance money to the insured as the Plaintiff did not pay goods to the insured, the co-defendant C of the first instance trial shall promptly reimburse the Plaintiff for the insurance money, and if delayed, it shall be determined that the Plaintiff shall compensate for the delayed interest rate (6% per annum from the day following the payment date of the insurance money to 30 days, 9% per annum from the next day to 60 days, and 12% per annum from the next day).
C. On the ground that Co-Defendant C of the first instance trial did not pay the price for the goods, the insured F claimed insurance proceeds under the instant insurance contract to the Plaintiff. On November 29, 2017, the Plaintiff paid KRW 49,839,600 insurance proceeds to F (hereinafter “instant insurance proceeds”).
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings
2. According to the determination on the cause of the claim, barring any special circumstance, Defendant D shall, jointly and severally with Co-Defendant C and E of the first instance trial, pay to the Plaintiff the instant insurance proceeds and its amount, as the Plaintiff seeks from November 30, 2017, the day following the payment date of the instant insurance proceeds, the annual interest rate of 6% per annum from March 10, 2018, which is the last delivery date of the copy of the instant complaint until March 10, 2018, and damages for delay calculated by 15% per annum from the following day to the day of full payment.