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1. The Plaintiff:
A. As to KRW 100,00,000 and KRW 19,731,279 among them, Defendant B shall be from November 24, 2016 to December 23, 2016.
Reasons
1. Facts of recognition;
A. On April 30, 2012, Defendant B entered into a consignment agency contract (hereinafter “instant agency contract”) with E Co., Ltd. (hereinafter “E”), and Defendant C and D jointly and severally guaranteed all obligations owed by Defendant B to E under the instant agency contract (hereinafter “instant joint and several guarantee agreement”).
B. On April 29, 2014, the Plaintiff entered into a payment guarantee insurance contract with Defendant B with the insurance coverage amounting to KRW 100 million, and the insurance coverage period from May 1, 2014 to April 30, 2016 (hereinafter “instant contract”).
C. After that, Defendant B paid KRW 100,000,000,000,000,000,000,000 won as insurance money on November 23, 2016 and KRW 80,268,721 on December 12, 2018 upon the Plaintiff’s claim for the performance of the guaranteed obligation.
At the time of the instant guarantee agreement, when the Plaintiff paid the Plaintiff’s insurance money, the reimbursement obligor agreed to compensate the Plaintiff for the damages for delay in accordance with the interest rate set by the Plaintiff from the following day after the payment date. The interest rate set by the Plaintiff is 6% per annum from the day following the payment date of the insurance money to 30 days, 9% per annum from the 31st to the 90th day
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant B, with respect to KRW 100 million as indemnity amount and KRW 19,731,279 among them, Defendant B shall serve the Plaintiff a copy of the application for alteration of the purport of the claim and the cause of the claim as of April 2, 2018, the agreement rate of KRW 6% per annum from November 24, 2016 to December 23, 2016, the following day of the payment of insurance proceeds, 9% per annum from the following day to February 21, 2017, and the agreement rate of KRW 9% per annum from the following day to February 21, 2017.