beta
Text
1. Defendant B’s KRW 13,884,97 as well as 6% per annum from December 27, 2019 to January 10, 2020.
Reasons
1. Claim against the defendant B
A. On December 28, 2018, when Defendant B borrowed KRW 16,00,00 from Defendant B Co., Ltd. (hereinafter “E”), the Plaintiff entered into a credit insurance agreement with Defendant B to secure damages incurred if the obligation of the loan is defaulted. According to the above credit insurance agreement, where Defendant B fails to repay the obligation of the loan, the Plaintiff shall pay the amount equivalent to the damages incurred as the insurance money, and the Plaintiff shall pay the amount equivalent to the damages incurred thereby to Defendant B as the insurance money, and apply the overdue interest rate set by the Plaintiff within the maximum of the overdue interest rate among the general loan interest rate of commercial banks from the date following the payment date to the date of full payment, and the overdue interest rate under the loan agreement, whichever is smaller. The interest rate set by the Plaintiff shall be 6% per annum from July 1, 2018 to the date after the payment date of the insurance money is 30% per annum, and the agreement shall be 9% per annum from the following day to the date after full payment is 9% per annum.
Considering that Defendant B paid KRW 13,884,97 to E on December 26, 2019, due to Defendant B’s nonperformance of the above loan obligation against E, Defendant B, the Plaintiff is obligated to pay the Plaintiff KRW 13,884,97 and delay damages.
(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
2. Claim against Defendant C
A. On December 28, 2018, the Plaintiff entered into a credit insurance agreement with Defendant B with a view to securing losses incurred in the event that Defendant B was not able to obtain a loan of KRW 16,000,000 from E in the event of nonperformance of its obligation for the loan.
According to the above credit insurance agreement, where Defendant B fails to perform its obligation of loans, the Plaintiff shall pay the amount equivalent to the amount of damages incurred by E as insurance money to E, and shall be paid to Defendant B as the insurance money from the day after the date of payment to the day of full payment.