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The defendant's KRW 35,930,460 among the plaintiff and KRW 35,66,631 among them shall be 9% per annum from July 21, 2020 to August 25, 2020.
Reasons
1. Facts of recognition;
A. D, upon receiving a loan from E, the Plaintiff and the insured on September 13, 2018, entered into a personal financial credit guarantee agreement with the Plaintiff, the insurance coverage amounting to KRW 40 million, and the insurance period from September 13, 2018 to September 13, 2028. If D fails to perform a contract with the insured, the insured would lose the benefit of the period and claim the remainder of the Plaintiff to be unredeemed, and the Plaintiff would immediately pay the said insurance amount to the Plaintiff within the insurance coverage amount, and the damages for delay would be paid by adding damages for delay at the interest rate set by the Plaintiff within the maximum interest rate of arrears among the general loan interest rate of the commercial bank from the day following the date of payment of the insurance amount.
B. However, as D delayed repayment of the principal and interest of loan to the above E Bank and lost the benefit of time, E Bank claimed insurance money to the Plaintiff on June 5, 2020, and the Plaintiff paid KRW 35,66,631 with insurance money on June 5, 2020. On July 20, 2020, D as of July 20, 2020, the amount to be paid to the Plaintiff by D under the above guarantee insurance contract is KRW 35,930,460 (amount to KRW 35,66,631 with interest rate of KRW 263,829 with interest rate of delay determined by the Plaintiff is 9% per annum.
C. Meanwhile, D left the defendant who is the legal inheritor, and died on March 29, 2020, and the defendant accepted the inheritance of the property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. According to the facts as seen earlier, as to D’s heir KRW 35,930,460 as seen earlier and the above KRW 35,66,631 as to the Plaintiff from July 21, 2020 to August 25, 2020, when the copy of the complaint of this case was served on the Defendant, the Defendant, who is the inheritor, calculated at each of the 12% annual interest rate per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.