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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. Of the total costs of litigation, the Plaintiff and the Defendant.
Reasons
1. Basic facts
A. On December 19, 2013, A entered into a guarantee insurance contract (payment) with the Plaintiff’s Intervenor to guarantee payment under the export (import) export (import) contract with Puuty Co., Ltd. (hereinafter “Puty”), whereby the insured person entered into an insurance contract for Puty and purchase price of KRW 10 million, and the insurance period from December 18, 2013 to December 17, 2014, and thereafter entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”).
B. around July 23, 2014, Pumil claimed payment of the performance bond against the Plaintiff’s Intervenor on the ground that the Plaintiff’s Intervenor did not perform the contract. On August 26, 2014, the Plaintiff’s Intervenor paid KRW 70 million insurance money to Pumil in accordance with the instant insurance contract.
C. Article 3 of the insurance contract of this case provides that when the Plaintiff’s Intervenor paid the insurance proceeds due to the occurrence of an insured incident, the policyholder himself shall pay the Plaintiff’s Intervenor the insurance proceeds and damages for delay in accordance with the interest rate applicable to delay damages publicly notified by the Plaintiff’s Intervenor from the day following the payment date of the insurance proceeds to the full payment date. The applicable interest rate is 6% per annum from the day following the payment date of the insurance proceeds to the 30th day after the payment date, 9% per annum from the next day to the 90th
On June 11, 2014, A entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant loan”) for KRW 490 million (hereinafter “instant sales contract”). On June 12, 2014, on June 12, 2014, A completed the registration of ownership transfer (hereinafter “instant transfer registration”) with the Defendant under Article 24394 of the receipt of the Seoul East Eastern District Court’s Gangwon District Court’s registration office.
E. At the time of the instant sales contract, A’s loan worth KRW 520 million at the market price is KRW 520 million.