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1. As to KRW 46,687,230 and KRW 46,458,130 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 11, 2018 to July 17, 2018.
Reasons
1. Facts of recognition;
A. On September 8, 2016, the Defendant: (a) borrowed KRW 50,00,000 from D Mutual Aid Association; and (b) agreed to pay the principal and interest to D Mutual Aid Association by means of equal installment of principal and interest.
B. On September 8, 2016, the Defendant concluded a guarantee insurance contract with the Plaintiff (hereinafter “instant guarantee insurance contract”) with the following terms and conditions to guarantee the repayment of principal and interest of the said loan contract.
According to the instant guarantee insurance contract from September 8, 2016 to October 7, 2026, according to the insurance contract of this case, from September 8, 2016, the Defendant agreed to pay the insurance proceeds when the Plaintiff pays the insurance proceeds to the Korea Mutual-Aid Association by failing to perform the Defendant’s obligation or obligation guaranteed by the Plaintiff. However, if delayed, the Defendant agreed to pay the insurance proceeds by adding damages for delay to the payment insurance proceeds.
On the other hand, the above delayed damages are the amount calculated by multiplying the insurance money to be paid by the interest rate applied to delay damages publicly announced by the plaintiff by calculating the number of delayed days on a daily basis from the day after the day of payment of insurance money to the day after full payment.
C. On March 15, 2018, the Korea Mutual-Aid Association claimed insurance money against the Plaintiff on the ground that the Defendant did not repay the loan, and the Plaintiff paid KRW 46,458,130 to the Korea Mutual-Aid Association on April 10, 2018.
With respect to KRW 46,458,130 of the insurance money paid by the Plaintiff, damages for delay from April 11, 2018 to May 10, 2018, the following day of the payment date, shall be 229,100 won (interest rate of 6% per annum, the number of delayed days, 30 days per annum, and the amount of damages for delay from May 11, 2018, shall be 9% per annum.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the above facts of determination, the Plaintiff paid insurance money to the Korea Mutual Aid Association in accordance with the guarantee insurance contract of this case. Thus, the Defendant paid the Plaintiff the indemnity amount of KRW 46,687,230 = principal amount of KRW 46,458,130.