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(영문) 서울중앙지방법원 2019.11.08 2018가단5270619
구상금
Text

1. As to KRW 39,638,925 and KRW 39,44,405 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from August 12, 2018 to November 23, 2018.

Reasons

1. Facts of recognition;

A. On November 13, 2017, the Defendant entered into a loan transaction agreement (hereinafter “the instant loan transaction agreement”) with C Co., Ltd. (hereinafter “C”) with a maximum amount of 40,000,000 won, the loan period from November 13, 2017 to November 13, 2023, the loan interest rate of 4.9% per annum, the loan interest rate of 4.9% per annum, and the overdue interest rate of 4.9% per annum (6% per annum within one month, 7% within one month, and 8% where the overdue interest rate exceeds three months).

B. Meanwhile, between the Plaintiff and the Defendant on November 13, 2017, the Defendant concluded a personal financial and credit insurance agreement (hereinafter “the instant credit insurance agreement”) between the Plaintiff and the Plaintiff, which covers the Plaintiff’s damages arising from the Defendant’s nonperformance of the obligation to repay loans under the instant loan transaction agreement, if the Defendant did not perform the obligation to repay loans.

C. According to the instant credit insurance agreement, where a financial institution which entered into a loan agreement with the Defendant received insurance money from the Plaintiff, the Defendant shall immediately pay the corresponding amount of the insurance money to the Plaintiff, and where delay is made, the amount of the insurance money to be paid plus delay damages from the day following the date of payment to the day of full payment (limited to the overdue interest rate set by the Plaintiff within the maximum of the overdue interest rate of the ordinary loan interest rate of the Si bank, and the overdue interest rate under the loan agreement, whichever is smaller).

Since then, on July 12, 2018, the Plaintiff paid KRW 39,44,405 as insurance money to C on July 12, 2018 due to the Defendant’s failure to perform its obligation to repay loans under the instant loan transaction agreement.

E. As of August 11, 2018, the Defendant’s amount of principal and interest on obligations under the instant credit insurance agreement against the Plaintiff as of August 11, 2018 is KRW 39,638,925 (i.e., principal amount of KRW 39,44,405 delay damages of KRW 194,520). The agreed interest rate for delay from August 12, 2018 is KRW 7.9% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination:

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