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1. As to KRW 37,760,956 and KRW 34,50,00 among them, the Defendant shall pay to the Plaintiff the year from January 1, 2016 to June 7, 2016.
Reasons
1. Determination on the cause of the claim
A. 1) On August 6, 2012, the Defendant borrowed KRW 199,000,000 from Modra Life Insurance Co., Ltd. (formerly referred to as “Modra”) (the foregoing debt is referred to as “the instant loan obligation”).
2) The Defendant, as security for the instant loan obligation, is not a party to the instant apartment, but a party to the instant apartment. The Defendant, as security for the instant loan obligation, is not a party to the instant apartment, but a party to the instant apartment.
(2) In order to guarantee the repayment of the instant loan obligation, the Defendant concluded a guarantee insurance contract of KRW 34,500,000 with the Plaintiff (hereinafter “instant guarantee insurance contract”).
3) The content of the instant guarantee insurance contract is that if the Defendant fails to perform his/her obligation to Hyundai Fran, the Plaintiff pays it on behalf of the Defendant, and the Defendant pays the amount of reimbursement due to subrogation to the Plaintiff and damages for delay at the rate determined by the Plaintiff. 4) The Plaintiff’s rate of damages for delay applied to the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30 days from the day following the payment date of insurance money, 9% per annum from the next day to 60 days, 15% per annum from the next day to December 31
5) Upon delay in the performance of the Defendant’s instant loan obligation, Hyundai Fran claimed for payment of the guaranteed insurance benefit to the Plaintiff. Accordingly, on April 3, 2015, the Plaintiff paid KRW 34,500,000 insurance money to the Plaintiff. 6) Meanwhile, around the time of the instant loan, the Defendant extended additional KRW 83,00,000 from Hyundai Draf, and created a subordinate collateral security of KRW 107,90,000 with respect to the instant apartment.
[Ground of recognition] Evidence Nos. 1 through 5, evidence No. 1, and evidence No. 2 1 through 13
B. According to the facts of the above recognition, the Defendant’s subrogation for the instant loan amounting to KRW 34,50,000 and damages for delay up to December 31, 2015 (=3,260,956) x 34,50,000 won x (0.6 x 30/365) x 0.09.