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1. The Defendant is 17% per annum for KRW 60,846,874 and KRW 12,810,71 among them, from October 8, 2015 to the day of full payment.
Reasons
1. Basic facts
A. A. On August 5, 1994, B entered into an indemnity insurance contract between Korea Guarantee Insurance Co., Ltd. (hereinafter “Korea Guarantee Insurance Co., Ltd.”), between which the amount of insurance coverage is KRW 16.5 million, and the insured as Samsung Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”), which guarantees the payment of the principal and interest of the loans for Samsung Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”), and at the time, the Defendant entered into a joint and several surety contract between Korea Guarantee Insurance Co., Ltd. and Korea Life Insurance Co., Ltd. (hereinafter
B. B borrowed KRW 12 million from Samsung Life Insurance Co., Ltd. on August 5, 1994; however, on March 3, 1996, B delayed the payment of the above principal and interest of loan and lost the benefit of time; on March 31, 1997, the Korea surety insurance paid KRW 14,487,944 to Samsung Life Insurance Co., Ltd. in accordance with the instant surety insurance contract.
C. On June 28, 2013, the Korea Guarantee Insurance Co., Ltd. (the trade name after the alteration is Seoul Guarantee Insurance Co., Ltd.) transferred a claim for reimbursement against the Defendant following the payment of the above insurance proceeds (hereinafter “instant claim for reimbursement”) to the Plaintiff, and notified the Defendant of the assignment of the above claim at that time.
The principal of the claim for indemnity of this case as of October 7, 2015 is KRW 12,810,711; the amount of final delay damages is KRW 48,036,163; and the overdue interest rate under the guarantee insurance contract of this case exceeds 17% per annum.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings
2. According to the fact that the Defendant, a joint and several surety of the obligation to pay the instant indemnity amount, is an agreement of 17% per annum with respect to KRW 60,846,874 ( KRW 12,810,711 + KRW 48,036,163) and KRW 12,810,71 among them, which is the day following the day on which the instant claim for indemnity amount was transferred to the Plaintiff, from October 8, 2015 to the day of full payment.