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1. Defendant B’s KRW 120 million to the Plaintiff, as well as 6% per annum from August 18, 2018 to September 16, 2018.
Reasons
1. Facts of recognition;
A. In order to guarantee the payment of the credit sales price for Defendant B D Co., Ltd. (hereinafter “Nonindicted Company”), Defendant B entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the following contents (hereinafter “this case’s guarantee insurance contract”), and was issued and issued by the Plaintiff.
The insured: The insurance coverage amount of the non-party company (former E: the insurance coverage period: 120 million won: from August 1, 2017 to July 31, 2018, if the insured event occurs due to the failure of the Defendant B to pay the credit goods payment to the non-party company, the Plaintiff shall be liable for the damages to the non-party company within the insurance coverage amount. In such case, the Defendant B shall pay the insurance money paid to the Plaintiff and the overdue interest in accordance with the interest rate set by the Plaintiff within the maximum of the maximum overdue interest rate from the day following the date of the payment of the insurance money to the non-party company (the overdue interest rate shall be 30 days from the day following the date of the payment of the insurance money, 9% per annum per annum from 30 days from the date of the payment of the insurance money, 90 days per annum, and 12% per annum
B. Upon Defendant B’s failure to pay credit goods properly, the insured event occurred. On June 15, 2018, Nonparty Company claimed the Plaintiff to pay the insurance proceeds, and on August 17, 2018, the Plaintiff paid the insurance proceeds of KRW 120 million to Nonparty Company.
C. On the other hand, on July 11, 2016, attached real estate owned by Defendant B (hereinafter “instant real estate”) established the right to collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 130,90,000,000, and F, the right to collateral security (hereinafter “mortgage”).
However, on March 13, 2018, Defendant B entered into a sales contract for the instant real estate (hereinafter “instant sales”) with Defendant C, and on April 16, 2018, Defendant C caused the instant sales.