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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On April 21, 2010, the Defendant took out a loan of KRW 20,00,000 from the KoreaSC Bank. On the same day, the Defendant concluded a personal financial credit insurance contract with the content that guarantees the repayment of the Defendant’s loans to the said Bank from April 26, 2010 to April 15, 2015 by setting the insurance amount of the said Bank, the insurance amount of KRW 21,00,000, and the insurance period of the said Bank as from April 26, 2010.
At the time of the above insurance contract, the defendant agreed to pay the insurance proceeds to the plaintiff immediately if the insurance proceeds are paid due to the failure to perform the above loan contract with the above bank, which is the principal contract, and to pay damages for delay in addition to the interest rate determined by the plaintiff.
On December 23, 2014, the Plaintiff paid the guaranteed insurance amount of KRW 4,979,054 to the above bank on December 23, 2014.
As of December 31, 2015, the principal and interest of the claim for indemnity against the Defendant following the Plaintiff’s payment of the above insurance proceeds is 4,979,054 won with principal, 677,286 won with delay damages (hereinafter “the instant claim”), and the agreed rate from January 1, 2016 determined by the Plaintiff is 12% per annum.
Meanwhile, on October 30, 2015, the Defendant filed an application for individual rehabilitation with Daejeon District Court 2015da58015 on October 30, 2015, and subsequently implemented the repayment plan on February 25, 2016, upon authorization of the repayment plan on May 20, 2016. The Plaintiff’s claim was not entered in the list of creditors submitted by the Defendant in the above individual rehabilitation procedure, and thus, was not included in the above authorized repayment plan.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition, the Defendant is liable to the Plaintiff for reimbursement of KRW 5,656,340 (i.e., principal amount of KRW 4,979,054,054, up to December 31, 2015) and as to KRW 4,979,054, the principal amount of KRW 4,979,054, the date of delivery of the instant complaint from January 1, 2016 to January 10, 2017.