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1. Defendant A’s KRW 20,000,000 and the Plaintiff’s annual rate of KRW 6% from July 6, 2016 to August 4, 2016.
Reasons
1. Facts of recognition;
A. On March 24, 2015, the Plaintiff entered into a guarantee insurance contract with Defendant A, between February 26, 2015 and February 25, 2016, with the insurance amount of KRW 20,000 (sale of goods).
Defendant A agreed to pay the insurance money paid by the Plaintiff under the above guarantee insurance contract, damages for delay at the rate determined by the Plaintiff, and legal procedural costs incurred by the Plaintiff in order to preserve the claim.
B. Around November 19, 2015, Defendant A had experienced difficulties due to the aggravation of financial standing, and around February 25, 2016, the insured event occurred on February 25, 2016. On July 5, 2016, the Plaintiff paid KRW 20,000,000 to the private lighting Korea Co., Ltd.
As of September 1, 2017, the Plaintiff’s interest rate of KRW 20,00,00 as of September 1, 2017 (6% per annum from the day following the date of payment of insurance money to 30 days, 9% per annum from the next day to 90 days, and 12% per annum from the next day) is KRW 2,584,100, and the legal procedural costs incurred by the Plaintiff in order to preserve the claim are KRW 2,094,832.
C. On October 27, 2015, Defendant A completed the registration of ownership transfer on the ground of a sales contract on October 23, 2015 (hereinafter “instant sales contract”) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the sole property of Defendant B, known to the general public, as employees of the previous Jeju District Court under Article 13187 of the receipt of an all-round indictment of the former District Court, as of October 27, 2015.
Defendant B, upon completion of the registration of transfer of ownership of the instant real estate as above, shall acquire KRW 64,00,000, which was established on the instant real estate, from Defendant A as a discharge of liability, and accordingly, the debtor is at Defendant A on the ground of the acquisition of the contract on the same day.