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1. The Defendant’s KRW 38,456,130 and KRW 37,712,227 among the Plaintiff’s KRW 15% per annum from January 5, 2015 to March 4, 2015.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, and 3.
The Plaintiff entered into a franchise insurance contract (hereinafter “instant guarantee contract”) with the Defendant with the content that the Defendant guarantees the payment of liability for damages arising from the opsing range of the non-party Korea Korea Korea Co., Ltd., the insurance coverage amounting to KRW 50 million, the insurance coverage period from January 27, 2011 to January 26, 2016. The Plaintiff concluded a franchise insurance contract with the non-party company (hereinafter “instant guarantee contract”).
According to the instant guarantee agreement, where the Plaintiff pays the insurance proceeds, the Defendant shall pay the Plaintiff the insurance proceeds to the day after the payment of the insurance proceeds plus damages for delay at the rate determined by the Plaintiff from the day following the payment of the insurance proceeds to the day of full payment. The ratio determined by the Plaintiff is 6% per annum from the day following the payment of the insurance proceeds to 30 days after the day after the payment of the insurance proceeds, 9% per annum from
B. The Defendant did not pay the non-party company the liability for damages upon the termination of the above franchise agreement, and the Plaintiff paid the non-party company the insurance money of KRW 37,712,227 on October 6, 2014.
2. If so, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 5, 2015 to March 4, 2015, with respect to KRW 38,456,130 (paid insurance proceeds KRW 37,712,227 to January 4, 2015) and KRW 37,712,227 of the paid insurance proceeds, as to the Plaintiff’s KRW 37,712,227 from October 7, 2014 to January 4, 2015.
3. According to the conclusion, the plaintiff's claim is accepted as reasonable.