beta
Text
1. The Plaintiff:
A. As to KRW 95,210,840 and KRW 83,719,483 among Defendant A, Defendant A, from March 11, 2015 to May 7, 2015.
Reasons
1. Facts of recognition;
A. On August 31, 2012, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the content that the Plaintiff shall claim for reimbursement of the Plaintiff’s delayed interest rate from August 28, 2012 to August 27, 2014, for the Plaintiff’s Intervenor, the insured amount of KRW 100 million, and the insurance period from August 28, 2012 to August 27, 2014. The Plaintiff guaranteed the Defendant’s insured payment of the amount of damages and the payment of the amount of the goods, but the Plaintiff’s claim for reimbursement against the Plaintiff due to the occurrence of an insured event for which the Defendant A did not fulfill the obligation to pay the goods to the insured, the Plaintiff shall be paid on behalf of the Plaintiff within the insurance amount. The Plaintiff paid the insurance amount paid to the Defendant A,
B. Defendant B, based on the instant guarantee insurance contract with the Plaintiff, provided joint and several surety within the limit of KRW 65 million out of the debt to be borne by Defendant A to the Plaintiff.
In addition, Defendant C and B jointly and severally guaranteed the damage compensation and the obligation to pay goods to the Plaintiff’s Intervenor who is entrusted agency of the Plaintiff’s Intervenor and the Plaintiff’s Intervenor.
C. Upon the Plaintiff’s application, Defendant A paid KRW 99,110,743 to the Plaintiff’s Intervenor who was the insured on February 27, 2014.
The Plaintiff recovered KRW 15,391,260 among the above money and appropriated it for the principal. However, the remainder of KRW 83,719,483 as of February 28, 2014 from February 28, 2014 to March 10, 2015, damages for delay under the agreed interest rate shall be KRW 11,491,357, and the later agreed interest rate shall be 15% per annum.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 6 and Gap's evidence 1 (including each of them), respectively.