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1. The defendant shall pay to the plaintiff KRW 54,848,150 and KRW 11,219,250 among them, from September 17, 2020, KRW 43,113,623.
Reasons
1. Facts of recognition;
A. Upon entering into a franchise agreement with the Defendant on November 19, 2015, the Defendant entered into a two payment guarantee agreement with the insured person E, the insured person’s purchase price of KRW 68,00,000,000 and the Defendant’s purchase price of KRW 50,000,000 (hereinafter each of the above “Guarantee 1,2”), and delivered the surety insurance policy issued by the Plaintiff to E.
B. During the insurance period under each of the above guarantee insurance contracts, the insured event occurred that the defendant did not perform the final settlement obligation for E, and the defendant paid to the insured person E the total of KRW 25,982,010 for the guarantee insurance contract of July 9, 2020, and KRW 43,113,623 for the guarantee insurance contract of KRW 69,095,63 for the insured person.
(c)
On the other hand, the damages for delay in the contract under each guarantee insurance contract should be applied to the overdue interest rate set by the Plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act from the day following the payment date of insurance money. Accordingly, the overdue interest rate set by the Plaintiff is 6% per annum from the day following the payment date of insurance money to the 30th day after the payment date of insurance money
(d)
After the payment of the above insurance money, the Defendant paid 14,762,760 won to the Plaintiff and appropriated the said amount to the principal of the indemnity payment pursuant to the Guarantee Insurance Contract No. 11,219,250 won (i.e., 11,219,250 won claimed by the Plaintiff as the principal of the above indemnity payment)
E. Meanwhile, according to the rate of damages for delay in the contract, the amount of KRW 302,672 as of September 16, 2020 for the contract for the contract for the guarantee insurance of KRW 14,00,000 was already deducted. As of August 8, 2020 for the contract for the contract for the guarantee insurance of KRW 212,615 as of August 8, 2020 for the contract for the contract for the guarantee insurance of KRW 20.
【Fact-finding without dispute over the basis of recognition, entry in Gap evidence 1 through 7 (including various numbers in the case of having a number) and the purport of the whole pleadings
2. Determination.