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1. As to KRW 100,065,753 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 100,000 from November 5, 2014 to November 26, 2014.
Reasons
1. Facts of recognition;
A. On January 4, 2013, the Plaintiff entered into a guarantee insurance contract with the Defendant, a licensed real estate agent, under the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, with the members of Ansan-si, the purchase price of insurance, KRW 100 million, and the insurance period from January 4, 2013 to January 3, 2014, respectively (hereinafter “instant guarantee insurance contract”).
B. Upon entering into the instant guarantee agreement, the Defendant agreed to pay damages for delay calculated by multiplying the number of delayed days by the rate of interest applied to the damages for delay publicly notified by the Plaintiff on a one-day basis, counting the number of delayed days from the day following the above insurance payment date to the day of full payment if delayed payment.
C. However, the Defendant failed to perform the instant guarantee agreement, and the Plaintiff paid KRW 100 million insurance money on October 31, 2014 under the instant guarantee agreement.
The agreed delay interest rate from November 1, 2014 to November 4, 2014, based on the instant guarantee agreement, from November 1, 2014 to November 4, 2014, is 6% per annum, and the fixed delay interest rate is 65,753 won per annum, and the delay interest rate is 15% per annum from November 5, 2014 to the present.
[Ground of recognition] Facts without dispute, Gap 1-5's entries, the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 100,065,753 won for indemnity calculated as of November 4, 2014, and 100,000,000 won for insurance money, which is calculated as of November 5, 2014 to November 26, 2014, the rate of 15% per annum, which is the agreed delay interest rate, from November 5, 2014 to November 26, 2014, and damages for delay calculated as of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition.