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1. The Defendant shall pay to the Plaintiff KRW 401,059,034 and the interest rate of KRW 20% per annum from January 9, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On April 25, 2007, the Defendant entered into a license and guarantee insurance contract (hereinafter “instant insurance contract”) with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to guarantee the payment of recovery expenses for tin acids in order to submit the said tin acids upon obtaining quarrying permission from the Si of Gun, and submitted the guarantee insurance policy for restoration from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “the instant insurance contract”) to the original state (the securities number: B: B: the bond number: the insurance period from April 25, 2007 to May 31, 2012: 1,686,240,000): when the Defendant was issued the above guarantee insurance policy for restoration to the original state, the deposit in the name of the Plaintiff (hereinafter “the instant term deposit”) was provided as security.
B. After that, the Defendant did not perform the obligation to restore tinsan to its original state, the Kunsan-si claimed expenses for restoration of tinsan, which was developed by the Defendant against the Seoul Guarantee Insurance in accordance with the instant insurance contract, and the Seoul Guarantee Insurance sold the instant term deposit on April 17, 2013, and paid the insurance money at the Kunsan-si including KRW 409,200,260.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, the result of this court's order to submit financial transactions on Seoul Guarantee Insurance, the purport of the whole pleadings
2. Determination
A. As long as the Plaintiff lost its deposit claim equivalent to this amount by disposing of KRW 409,200,260 of the fixed deposit claim of this case offered as security by the Seoul Guarantee Insurance Co., Ltd. in judgment on the cause of the claim, the Plaintiff may claim the amount equivalent to that of the money
Therefore, the defendant is obligated to pay to the plaintiff 401,059,034 won and damages for delay calculated at the rate of 20% per annum from January 9, 2004 to the day of full payment after the day of delivery of the copy of the complaint of this case to the defendant.
(b).