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1. As to KRW 48,946,840 among the Plaintiff and KRW 48,00,000, the Defendant shall pay to the Plaintiff 12% per annum from April 21, 2016 to January 11, 2018.
Reasons
1. Facts of recognition;
A. A. On May 11, 2006, the Defendant entered into a mother-based credit insurance contract (Morimgage loan, hereinafter “instant insurance contract”) with the Plaintiff as a bank (hereinafter “Korea bank”) with the insured amount of KRW 48 million. Around that time, the Defendant borrowed a loan from Korea bank with the real estate collateral loan amount of KRW 48 million (hereinafter “instant loan”).
The insurance contract of this case decided to pay damages for delay in addition to the interest rate determined by the Plaintiff within the maximum overdue interest rate among the overdue interest rate of commercial banks from the day following the date of payment of insurance money if delay is made to the Plaintiff, due to the occurrence of an insurance accident caused by the Defendant’s default on the insured.
B. From May 12, 2014, the Defendant delayed the repayment of the instant loan, and on December 30, 2014, Korea Bank transferred the instant loan claim to a limited liability company specializing in the securitization of U.S. Bable deposit (hereinafter “foreign company”) and notified the Defendant of the following day.
C. On November 4, 2015, Nonparty Company filed a claim for the payment of insurance proceeds with the Plaintiff, and on January 21, 2016, the Plaintiff paid insurance proceeds to Nonparty Company KRW 48 million.
The overdue interest rate applied by the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30 days, 9% per annum from the next day to 60 days, and 12% per annum from the next day to the next day, and 946,840% per annum from the day after the payment date of the above insurance money to April 20, 2016.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition, the defendant shall pay the insurance money paid by the plaintiff to the plaintiff and its delay damages, except in extenuating circumstances.