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1. As to KRW 27,690,410 and KRW 27,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from December 2, 2014 to August 17, 2015.
Reasons
1. Facts of recognition;
A. On August 9, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant, setting the insurance period as from August 9, 2013 to August 8, 2014, in order to guarantee the payment of the credit goods that the Defendant has to pay to a master cable company (hereinafter “master cable”).
B. In the instant guarantee insurance contract, the Plaintiff and the Defendant agreed to pay the Plaintiff the insurance money paid by the Plaintiff and the damages for delay pursuant to the interest rate determined by the Plaintiff from the day following the date of payment of the insurance money to the date of full payment. Accordingly, the overdue interest rate after January 1, 201 is 15% per annum.
C. On August 25, 2014, the Defendant did not pay the credit price for a master cable, and on August 25, 2014, the Plaintiff paid KRW 30,000,000 insurance money to a master cable.
The Defendant paid KRW 3,00,000 to the Plaintiff on December 1, 2014. As of December 1, 2014, the remainder that the Plaintiff had not paid from the Defendant out of the insurance money that the Plaintiff paid as above as of December 1, 2014 is KRW 27,00,000,000, and the delay damages therefrom are KRW 690,410.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination as to the cause of claim and the defendant's assertion
A. According to the above facts of determination as to the cause of the claim, the Defendant has the provision on the statutory interest rate of KRW 27,690,410 (=the balance of subrogated payment of KRW 27,000,000) and KRW 27,00,000,00 following the following day from December 2, 2014 to August 17, 2015, which is the delivery date of a copy of the complaint of this case, under the guarantee insurance contract of this case, as the amount of KRW 27,69,410 (=the amount of subrogated payment of KRW 27,00,000).