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1. The Defendant’s KRW 28,39,319 as well as the Plaintiff’s KRW 6% per annum from October 21, 2016 to November 7, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a performance guarantee insurance agreement (the contract period between October 15, 2015 and September 14, 2016; hereinafter “instant performance guarantee insurance agreement”) with respect to the Defendant’s obligation to perform the obligation, such as credit goods payment obligations, etc. under the credit transaction agreement with the Defendant’s non-party rice processing general processing center for the Agricultural Cooperatives (hereinafter “FF”), and issued a performance guarantee insurance policy to the NAF.
B. Since then, as the Defendant did not perform his/her credit transaction obligation under the credit transaction agreement with the Nonghyup, the Plaintiff paid the sum of KRW 28,399,319, and KRW 26,280,00 in the balance of the credit sales account of KRW 26,280,00 as the performance guarantee insurance, and KRW 299,320 in the interest accrued from March 1, 2016 to April 27, 2016, and KRW 1,826,99 in the interest accrued from April 28, 2016 to October 19, 2016.
C. In the performance guarantee insurance agreement of this case, when the plaintiff has paid the insurance money, the policyholder and the guarantor shall immediately pay the insurance money to the plaintiff, and the rate of damages for delay of such indemnity amount shall be 6% per annum from the day following the date of payment of the insurance money.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 8, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,399,319 for indemnity and the damages for delay at the rate of 6% per annum from October 21, 2016 to November 7, 2016, which is the day following the day of delivery of the copy of the complaint of this case, and at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. The judgment of the Defendant’s assertion was without any fact of trading goods with MFF, and at the request of MFFF and MFF B, the Defendant would be ordered to place an order with MFF, and B will be the agricultural cooperatives closed on July 13, 2016.