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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. Basic facts
A. On March 1, 2010, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”) to guarantee the payment of credit goods supplied by the Defendant under an agency contract with Daijin beverage Co., Ltd. (former trade name: Dr., Ltd., Fr., Ltd., Ltd., hereinafter “Small Company”); the purchase price of KRW 10,000,000; the insurance period from March 15, 2010 to March 14, 2011; the performance guarantee insurance contract with the insured as the non-party company (hereinafter “the instant insurance contract”); and the performance guarantee insurance contract with the non-party company (hereinafter “non-party 1 insurance contract”); and the amount of the insurance contract to guarantee the return of leased goods, such as cold and hot water and air equipment leased under the said agency contract, from March 15, 2010 to March 14, 2011 (hereinafter “non-party 2”).
B. According to the instant insurance contract Nos. 1 and 2, where the Plaintiff paid insurance money to the insured, the Defendant immediately compensates the Plaintiff for the insurance money, but pays damages for delay to the Plaintiff, and the interest rate on delay is to follow the interest rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rate on loans by financial institutions under the Banking Act.
C. On October 4, 2012, the non-party company filed a claim with the Plaintiff for insurance proceeds under each of the above insurance contracts, on or around October 7, 2012, as it did not receive the unpaid price of goods and the leased goods due to the suspension of transactions from the Defendant. The Plaintiff paid the insurance proceeds to the non-party company totaling KRW 7,037,178 (=insurance proceeds totaling KRW 6,887,178 according to the insurance contract of the instant case No. 1) under each of the above insurance contracts (i.e., KRW 150,00 according to the insurance contract of the instant case No. 2).
On the other hand, the overdue interest rate determined by the Plaintiff after January 1, 201 shall be 30 days from the day following the date of payment of insurance money.