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1. Defendant A: 6% per annum from August 23, 2014 to September 21, 2014; and 6% per annum from September 22, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a guarantee insurance agreement with Defendant A, and Defendant B is the former husband of Defendant A who was married with Defendant A on July 28, 2006, but reported a divorce on February 19, 2014.
B. On July 19, 2013, the Plaintiff entered into a guarantee insurance agreement for the stabilization of livelihood (hereinafter “instant guarantee insurance agreement”) with Defendant A, the insured new bank, the insurance amount of KRW 16,500,000, and the insurance period from July 21, 2013 to July 21, 2014 in order to guarantee the obligation to repay the principal and interest of a loan from the new bank, Inc. (hereinafter “new bank”).
According to the instant guarantee insurance agreement, Defendant A was granted a loan of KRW 15,00,000 from the new bank under the pretext of general financing loans, and on July 21, 2014 due, Defendant A lost the benefit of time by failing to pay interest on loans on June 26, 2014.
Accordingly, on August 22, 2014, the Plaintiff paid 15,270,760 won to the new bank upon receiving a claim for the performance of guarantee obligations under the instant guarantee insurance agreement from the new bank.
C. Meanwhile, according to the instant guarantee insurance agreement, when the Plaintiff paid insurance money to the insured, Defendant A agreed to pay damages for delay in accordance with the interest rate set by the Plaintiff from the day following the payment date. The rate of damages for delay determined by the Plaintiff is 6% per annum from the day following the payment date of insurance money to 30% per annum, 9% per annum from the 31st day to the 90th day, and 15% per annum
On July 28, 2006, the date of the marriage report, the Defendants completed the registration of transfer of ownership under each of the Defendants’ names, with respect to the instant apartment on July 28, 2006, the registration of Suwon District Court’s Sungnam Branch Branch, the receipt of July 28, 2006, No. 49694, Jul. 4, 2006, based on the trade as the grounds for registration.
On the other hand, the defendant A is the Suwon District Court with respect to one-half of his own shares immediately after the divorce between the defendant A and the defendant B.