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1. As to KRW 57,752,590 and KRW 46,672,940 among the Plaintiff, Defendant A shall have 15% per annum from September 4, 2015 to September 21, 2015.
Reasons
1. Claim for indemnity;
A. On June 12, 2013, the Plaintiff entered into an insurance contract with Defendant A and the Insured Korean Teachers’ Credit Union, the insurance amount of KRW 51,532,430, and the insurance period from June 12, 2013 to July 11, 2018. The Defendant A agreed to pay the insurance amount payable and the damages for delay calculated by the agreed rate for the Plaintiff’s performance of the guaranteed obligation. The interest rate fixed by the Plaintiff was 6% per annum from January 8, 2014 to February 6, 2014; 9% per annum from February 7, 2014 to April 7, 2014; 15% per annum from April 7, 2014; and 130% per annum from April 8, 2014; the Plaintiff received the insurance money from the Korean Teachers’ Credit Union as collateral; and the Plaintiff received the insurance money from the Plaintiff on March 13, 2016.
3) Of the amount of money subrogated by the Plaintiff, KRW 3,688,420 was recovered on September 5, 2014, and the amount of damages for delay incurred as of September 3, 2015 as of September 3, 2015 is KRW 11,079,650. [Judgment of the court below is without dispute over the existence of grounds for recognition, Defendants 1, 2, A3-1, and 2, and the purport of the whole pleadings.
B. According to the facts established above, Defendant A is obligated to pay to the Plaintiff the amount of KRW 46,672,940 remaining in subrogation and delay damages plus KRW 11,079,652,590 in total and KRW 46,672,940 in total, and the remaining amount of subrogation from September 4, 2015, which is the day following the base date for calculation, to September 21, 2015, the agreed interest rate of KRW 15% per annum from September 22, 2015 to September 30, 2015, the delivery date of the copy of the complaint in this case, and KRW 20% per annum from September 22, 2015 to September 30, 2015, and KRW 15% per annum from October 1, 2015 to the day of complete payment.
The plaintiff's assertion is justified within the above scope of recognition.
2. Requests for the revocation of fraudulent act;
A. On May 29, 2015, Defendant A completed the registration of ownership transfer on the grounds of sale on the same day with respect to the real estate stated in the attached list to Defendant B, who is the wife, as of May 29, 2015.