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(영문) 수원지방법원 2016.10.26 2016가단10991
구상금
Text

1. The defendant shall pay to the plaintiff KRW 40,148,731 as well as KRW 39,883,210 among them, from February 18, 2016 to the day of full payment.

Reasons

1. Evidence (A1-1 through 7, A2-1 through 5);

2. Indication of claim; and

A. In order to secure the obligation to repay loans under a loan agreement from the SBS community credit cooperatives, the Defendant concluded an insurance contract between the Plaintiff and the insured SBS community credit cooperatives, the purchase amount of insurance to KRW 11 million, the insurance period from April 7, 2015 to April 2, 2016, and the purchase amount of insurance to KRW 33 million, the insurance period from January 24, 2015 to January 23, 2016.

In addition, the Defendant agreed to make an additional reimbursement by multiplying the interest rate applied to delay damages publicly notified by the Plaintiff, and the maximum interest rate applied to general loans from January 12, 2016 to February 10, 2016 is 6% per annum from February 10, 2016, 9% per annum from February 11, 2016 to February 17, 2016, and 15% per annum from February 18, 2016.

B. After that, the Plaintiff claimed insurance money to the Plaintiff, and the Plaintiff paid KRW 10,005,60 on January 11, 2016 for the first insurance contract, and KRW 29,877,610 on the second insurance contract.

C. The Plaintiff’s insurance proceeds and liquidated delay damages against the Defendant are KRW 10,005,60 of the first insurance contract and KRW 6,611 of the total of KRW 10,072,211 of the fixed delay damages for the first insurance contract until February 17, 2016 following the payment date of the insurance proceeds, and KRW 29,877,610 of the insurance proceeds for the second insurance contract, and KRW 198,910 of the fixed delay damages until February 17, 2016, including KRW 30,076,520 of the total of KRW 30,148,731 of the insurance proceeds for the second insurance contract.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).

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