Text
1. The defendant shall pay to the plaintiff KRW 49,256,597 as well as KRW 48,307,378 as to the plaintiff. From May 5, 2020 to June 12, 2020.
Reasons
1. Basic facts
A. The Defendant concluded a contract for the supply of goods with D (mutual: E) and provided D with the guaranty insurance policy issued by the Plaintiff as security for the payment guarantee of the credit goods price according to the above contract for the supply of goods.
B. Around March 29, 2019, the Defendant entered into a guarantee insurance contract with the Plaintiff for the payment of the price for the credit goods; the content of the guarantee; D, the insured amount of insurance; the insurance period from March 26, 2019 to March 25, 2020; and the guarantee insurance contract for the performance (sale of securities number F; hereinafter “instant guarantee insurance contract”); and when the Defendant fails to perform the contract with D and the Plaintiff pays the insurance proceeds to D due to the occurrence of an insurance accident, the Defendant shall immediately compensate the insurance proceeds; however, if the payment is delayed, the Defendant shall pay the insurance proceeds by calculating the number of days per day from the day following the date of the payment of the insurance proceeds to the date of full payment; and shall pay damages for delay in addition to the interest rate for delay set by the Plaintiff on a one-day basis.
Meanwhile, the overdue interest rate determined by the Plaintiff is 6% per annum from the day following the Plaintiff’s payment date to 30 days, 9% per annum from the following day to the service date of a copy of the complaint, and 12% per annum from the following day to the day of full payment.
C. The Defendant did not perform the contract with D and caused an insurance accident, and D claimed insurance money based on the guaranty insurance policy issued by the Plaintiff. On February 7, 2020, the Plaintiff paid KRW 49,995,000 as insurance money to D.
As a result of appropriating 2 million won paid by the Defendant for the repayment of the principal and interest of the above insurance proceeds, the Plaintiff’s claim for indemnity as of May 4, 2020 is 49,256,597 won of the principal and interest of the insurance proceeds (i.e., the principal amount of the insurance proceeds of KRW 48,307,378 and damages for delay from May 4, 2020 to KRW 48,307,378 of the insurance proceeds) and damages for delay incurred from May 5, 2020 of the insurance proceeds.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings.