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1. The Defendant’s KRW 38,742,50 for the Plaintiff and KRW 6% per annum from March 30, 2017 to May 4, 2017.
Reasons
1. Basic facts
A. On January 21, 2015, in order to guarantee the payment of credit goods to the Defendant Samyang Co., Ltd. (hereinafter “Yyang”) for the payment of credit goods payment to the Defendant Samyang Co., Ltd., Ltd. (hereinafter “Yyang”), the insured, the insurance amount of KRW 50,00,000, and the insurance period from January 11, 2015 to January 10, 2017, the performance guarantee insurance contract of the Defendant Co., Ltd. (hereinafter “instant insurance contract”).
The insurance contract of this case was signed by means of a certified method through the defendant's authorized certificate.
B. According to the insurance contract of this case, where the plaintiff pays insurance money to the insured due to a failure to comply with the agreement with the insured, the defendant calculated the number of delayed days on a daily basis from the day after the day after the day when the insurance money was paid to the insured and calculated the number of delayed days to 365 days before the day after the day when the insurance money was paid
The overdue interest rate determined by the Plaintiff is 6% per annum.
C. After doing so, the Defendant delayed the payment of KRW 38,742,50 to Samyang Co., Ltd., and the Plaintiff paid KRW 38,742,50 to Samyang Co., Ltd. on March 29, 2017, upon receiving a claim for insurance money from Samyang Co., Ltd.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination:
A. Article 3(1) of the Digital Signature Act provides that "where any other Act or subordinate statute requires signature, seal, or signature and seal on a document or document, such digital signature shall be deemed to have been satisfied if the digital signature has been affixed thereto; and Article 3(2) of the Digital Signature Act provides that "where a certified digital signature has been affixed, the relevant digital signature shall be the signature, seal, or signature and seal of the Signatory, and the content thereof shall be presumed not to have been altered after the digital signature was affixed." and Article 18-2 of the same Act