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1. The defendant shall pay to the plaintiff the amount of KRW 52,980,998 and the amount of KRW 14,467,878 from October 1, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. In receiving a loan from Korean Teachers' Credit Union, the Defendant entered into a guarantee insurance contract with the Plaintiff with the following content.
The amount of insurance coverage covered by the Policy Number Insured B is as follows: Defendant Korean Teachers' Credit Union KRW 31,698,630,000 from December 1, 2004 to December 30, 2007.
On October 27, 2005, the Plaintiff paid KRW 29,199,410 according to the above guarantee insurance contract to the Korean Teachers' Credit Union.
C. The plaintiff filed a lawsuit against the defendant (Seoul Central District Court 2006Kadan105588). On May 16, 2006, the court rendered a judgment that "the defendant shall pay to the plaintiff 29,199,410 won with 19% per annum from October 28, 2005 to April 3, 2006 and 20% per annum from the next day to the day of full payment."
(hereinafter “instant judgment”) D.
The Defendant repaid KRW 14,731,532, which is a part of the instant judgment amount, and KRW 52,980,998, in total, KRW 14,467,878, and KRW 38,513,120 as of September 30, 2015.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. The Defendant asserts that there is no benefit in the lawsuit since the bankruptcy procedure is in progress by filing a petition for bankruptcy with the Suwon District Court 2015Hadan1892.
However, only the fact of filing an application for bankruptcy or immunity does not take effect against the plaintiff, but does not have any interest in the lawsuit of this case.
The defendant's prior defense on the merits is without merit.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the date of full payment as to KRW 52,980,998 in the balance of principal and interest as of September 30, 2015 and the balance of principal KRW 14,467,878 in accordance with the judgment of this case.
The judgment of this case.