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1. The Plaintiff:
A. As to KRW 160,789,041 and KRW 160,00,00 among them, Defendant A shall have from May 2, 2015 to August 6, 2015.
Reasons
1. Facts of recognition;
A. Defendant A entered into a guarantee insurance contract with the Plaintiff on February 23, 2013 by setting the insurance period as the Busan Common Fishing Market, the insurance amount of KRW 160,000,000, and the insurance period from February 22, 2016.
Defendant B, C, and D guaranteed partial solidarity of KRW 100,00,000 among the obligations related to the above guarantee insurance contract.
B. According to the above guarantee insurance contract, when the plaintiff paid insurance money to the Busan Joint Fishing City Mayor due to his failure to perform his/her obligation, the defendants shall immediately pay the insurance money to be paid, but if delayed, damages for delay shall be added. The rate of delayed damages is 15% per annum from January 1, 201 to the present.
C. Upon the occurrence of an insurance accident due to Defendant A’s failure to perform an agreement, the Busan Joint Fishing Market claimed insurance proceeds to the Plaintiff. On April 1, 2015, the Plaintiff paid KRW 160,000,000 insurance proceeds to the Busan Joint Fishing City Mayor.
The agreed damages for delay calculated from April 2, 2015 to May 1, 2015 for the above insurance proceeds of KRW 160,000,000 shall be KRW 789,041.
[Ground of Recognition] Claim against Defendant A: Decision of service by public notice (Article 208(3)3 of the Civil Procedure Act): Claim against Defendant C: Decision of deemed confession (Article 208(3)2 of the Civil Procedure Act)
2. According to the facts of the determination as to the cause of the claim, according to the above insurance contract, the defendant A shall pay the plaintiff the total amount of KRW 160,789,041 (= principal of KRW 160,000,000 for delay damages of KRW 789,041) and the principal of KRW 160,000,000, which is the day following the date of calculating the final delay damages, from May 2, 2015 to August 6, 2015, which is the date of final delivery of the copy of the complaint in this case.