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1. Defendant B’s KRW 53,694,070 and its amount shall be 6% per annum from September 20, 2017 to October 19, 2017, and 0% per annum from October 20, 2017 to the Plaintiff.
Reasons
1. Facts recognized;
A. The Plaintiff’s claim 1 against Defendant B) The Plaintiff is Defendant B and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) as indicated in the following table 1:
(3) As to the main contract between Defendant B, if an insured event occurs due to Defendant B’s failure to perform his/her duty under the above main contract, the Plaintiff shall pay the insurance proceeds to the non-party company, and the performance guarantee agreement with Defendant B (hereinafter “the instant guarantee insurance agreement”) with the content as indicated below 2.
(2) After entering into a contract, the Plaintiff issued a performance guarantee insurance policy and issued it to Nonparty Company. The Plaintiff did not pay KRW 100,000,000 to Nonparty Company E on the date of guaranteeing the insurance coverage period of the Plaintiff’s subscription price of securities No. 100,000,000 to Nonparty Company E on the date of guaranteeing the insurance coverage period of the Plaintiff’s subscription price of securities No. 100,000 to March 9, 2018. However, Defendant B did not pay KRW 53,414,783,7836,78,97,98,97,97,97,96,97,97,97,97,965,97,97,965,97,96,97,96,97,000,000 to Nonparty Company E on April 9, 2017.
3) According to the instant guarantee insurance agreement, when the Plaintiff paid the insurance proceeds, the policyholder pays the insurance proceeds by adding damages for delay from the day following the payment date of the insurance proceeds to the day of full payment. The damages for delay shall be based on the prescribed rate set by the Plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act. The rate is 6% per annum from the day following the payment date to 30% per annum, 9% per annum from 31 to 90% per annum, and 12% per annum from 91 days per annum. 4)