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1. As to KRW 4,197,681,154 and KRW 2,485,55,315 among the Plaintiff, the Defendant shall be from January 1, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The payment order for the comprehensive construction of Taean, Inc. was finalized.
The Korea-Japan Construction Co., Ltd (hereinafter referred to as the "Korea-Japan Construction") as a joint policyholder, the insured is the Korea Rural Community & Agricultural Corporation, the insurance amount of 2,658,531,400 won, the insurance period from December 3, 2007 to January 17, 201, the state contract is a farmland creation cost payment contract, and the performance guarantee insurance contract (payment) under which the contents of the guarantee is the payment guarantee of farmland preservation charges in installments (hereinafter referred to as the "payment guarantee insurance contract of this case").
B. According to the instant guarantee insurance contract, when the Plaintiff paid the insurance proceeds due to the policyholder’s failure to perform his/her obligation or obligation guaranteed by the Plaintiff (hereinafter “insurance accident”), the policyholder and the guarantor shall reimburse the insurance proceeds immediately, but if delayed, he/she shall compensate for the delayed payment by adding damages for delay to the payment insurance proceeds (Article 3(1)). The damages for delay under paragraph (1) shall be calculated by calculating the number of delayed days on a daily basis from the day following the payment date of the insurance proceeds to the day after the full payment date, by the rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act (Article 3(2)).
Accordingly, the rate determined by the Plaintiff is 6% per annum for 30 days from the date of the payment of insurance proceeds, 9% per annum for 31 days to 90 days, 15% per annum for 90 days, and 12% per annum for January 1, 2016.
C. On February 25, 2011, the Plaintiff paid KRW 2,654,531,400 as insurance money to the Korea Rural Community Corporation.
around October 2010, a special agreement was concluded between a financial institution organized by a creditor financial institution and Han-il Construction, including the plaintiff, to implement a business normalization plan, and the plaintiff was 257,547.