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1. The Defendant’s KRW 78,010,479 and KRW 42,957,313 among the Plaintiff’s KRW 12% per annum from January 1, 2016 to April 4, 2018.
Reasons
1. Facts of recognition;
(1) In order to guarantee the payment of the credit amount to the non-party company arising from the food supply contract that the Defendant entered into with Awork Home Co., Ltd. (hereinafter “Swork Home”), the Defendant entered into an insurance policy with the Plaintiff as to performance guarantee (sale of goods) between May 6, 2010 to May 5, 201. In the event that the Defendant did not pay the above credit amount to the non-party company, the Defendant agreed to pay damages for delay at the overdue interest rate determined by the Plaintiff within the maximum overdue interest rate out of the loan overdue interest rate under the Banking Act from the following day after the date of the payment of the insurance amount to the non-party company.
D. Afterwards, the Defendant did not pay the credit sales price for the non-party company. On August 3, 2010, the non-party company sought payment of KRW 42,957,313 to the Plaintiff, and the Plaintiff paid KRW 42,957,313 to the non-party company on August 27, 2010.
Article 2(1) of the Banking Act provides that “The interest rate in arrears determined by the Plaintiff within the scope of the highest interest rate in arrears shall be 19% per annum until December 31, 2010, 15% per annum from January 1, 2011 to December 31, 2015, and 12% per annum from the next day to December 31, 2015.” The interest rate in arrears under the Banking Act is 35,053,166 won from the date of the subrogated payment.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant calculated the amount of principal and interest on the insurance to be paid to the Plaintiff (i.e., KRW 42,957,313 won, KRW 35,053,166) and the amount of insurance to be paid to the Plaintiff KRW 42,957,313 out of the amount of insurance to be paid, 12% per annum from January 1, 2016 to April 4, 2018, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.