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1. The Plaintiff:
A. As to KRW 310,736,510 and KRW 309,060,00 among Defendant A, Defendant A shall be from May 30, 2017 to September 1, 2017.
Reasons
1. In fact, the insurance coverage period of the insured who is a joint and several surety under the contract for the contract is 52,277,000 won from July 16, 2012 to March 31, 2016, Defendant A who entered into the contract for the insurance of the insured under the contract for the contract for the contract is 29,351,00 won from July 13, 2012 to March 31, 2016 from July 31, 2012 to March 31, 2016 from July 31, 2016 to July 13, 2012; 43,913,000 won from July 4, 2016 to March 31, 2016 to Defendant A who entered into the contract for the contract for the contract for the insurance of the insured; and
Defendant A obtained permission from the Si of Jin-si for conversion of mountainous district and entered into six guarantee insurance contracts for the guarantee of deposit for restoration expenses (hereinafter referred to as “instant insurance contract”) in total for the guarantee of payment of deposit for restoration expenses according to the permission. Defendant A jointly and severally guaranteed obligations under the first, fifth, and six contracts.
Total amount of insurance coverage 309,060,000 won
B. According to the insurance contract of this case, when Defendant A paid insurance money to the insured as the Plaintiff did not fulfill its obligation to restore to the original state, Defendant A paid the insurance money to the insured, but if delayed, Defendant A paid the insurance money by adding the interest rate determined by the Plaintiff (6% per annum from the day following the payment date of insurance money to 30% per annum, 9% per annum from the next day to the 60% per annum, and 12% per annum from the next day) within the maximum overdue interest rate under the Banking Act.
C. Defendant A claimed insurance proceeds under the instant insurance contract to the Plaintiff on the ground that he/she did not perform his/her duty to recover vicarious execution upon the expiration of the permission period. The Plaintiff paid KRW 309,060,000 to the Plaintiff on April 27, 2017, the sum of the insurance proceeds under the instant insurance contract.
[Ground for Recognition: Facts without dispute, Gap 1 through 4 (including each number), the purport of the whole pleadings]
2. Determination
(a) above;