beta
Text
1. The Defendant shall pay to the Plaintiff KRW 84,262,593 and KRW 81,083,137 among them, annually, from February 27, 2019 to September 20, 2019.
Reasons
1. Basic facts
A. On March 21, 2018, the Defendant: (a) borrowed KRW 85 million from a non-party company for the purpose of housing funds from the non-party company; and (b) agreed to make equal installment repayment from March 23, 2018 to March 25, 2023.
B. On March 21, 2018, the Plaintiff concluded a guarantee insurance contract with the Defendant to guarantee the Defendant’s repayment of the above loan to the Nonparty Company.
1) Insurance contractor: Defendant 2: Insurance contractor: Nonparty 3: insurance coverage amount: KRW 93,500,000; KRW 4) insurance period from March 23, 2018 to May 24, 2023) in the event that the Plaintiff pays insurance proceeds to the non-party company due to the non-party company’s failure to perform the principal contract, the Defendant immediately paid the insurance proceeds to the non-party company; however, in the event of delay, the Defendant would pay the insurance proceeds to the Plaintiff by adding delay damages.
6. Period from 31 days to 60 days from the 31st day after the day of the due date of the payment: The period from the 31st day after the due date of the insurance contract lending interest rate: the period from 61 days after the due date of the 61st day after the due date of the additional interest rate of the insurance contract lending interest rate (4%): the period after 91 days from the due date of the due date of the due date of the payment of additional interest rate of the insurance contract lending interest rate (6%) : Additional interest rate of the insurance contract lending
C. The Defendant lost the benefit of time upon retirement. On August 17, 2018, the Plaintiff received a claim from the non-party company for the payment of the insurance money, and paid KRW 81,097,254 to the non-party company on September 10, 2018.
(d)
The defendant's debt details against the plaintiff are calculated as follows:
[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings. 2. According to the above facts of determination, the defendant's compensation amount and damages for delay incurred until February 26, 2019, and 81,083,137 won for the plaintiff as to the amount of compensation and damages for delay incurred until February 26, 2019, respectively.