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1. Defendant A: (a) KRW 100,000,000 and the Plaintiff’s annual amount from September 16, 2017 to October 15, 2017; and (b) the Plaintiff’s annual amount of KRW 6% from September 16, 2017 to October 15, 2017.
Reasons
1. Facts of recognition;
A. (i) In order to secure the payment of the sales amount under an intermediate wholesaler transaction agreement between Defendant A and the Busan Fishery Products Co., Ltd. Co., Ltd. and the Busan Fishery Products Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., on July 13, 2015, Defendant A entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the insured, the Busan Fishery Products Co., Ltd. Co., Ltd., and the insurance period from July 14, 2015 to July 13, 2018.
B. At the time of the conclusion of the instant insurance contract, Defendant A agreed to pay the Plaintiff’s prior liability for reimbursement for the amount guaranteed by the Plaintiff, even if there was no prior notice or peremptory notice from the Plaintiff, if the Plaintiff would be liable to pay the insurance proceeds under the instant insurance contract (6% per annum from the date following the date of subrogated payment until 30 days, 9% per annum from the 31st to the 90th day, and 12% per annum from the 90th day after the 90th day).
Secondly, Defendant A caused an insurance accident by failing to pay the credit amount to the Busan Fishery Products Joint Market. On April 28, 2017, Defendant A deposited KRW 341,650 of the credit amount and KRW 658,350 of the compensation for delay, and the outstanding amount which has not been finally paid was 120,445,50 as of May 7, 2017.
Defendant A, on May 8, 2017, demanded repayment of the outstanding amount to pay the full amount of the outstanding amount by May 30, 2017, but did not pay the remainder of the outstanding amount of credit goods upon fulfilling only KRW 8,968,420 of the outstanding amount of credit on May 31, 2017.
x) The Busan Fishery Products Co., Ltd. claimed insurance money from the Plaintiff as of August 23, 2017 due to Defendant A’s failure to perform the contract, and the Plaintiff subrogated to Busan Fishery Products Co., Ltd. to KRW 100 million on September 15, 2017.
B. Defendant A’s disposal act around May 6, 201.