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(영문) 서울중앙지방법원 2020.02.11 2019가단5111830
구상금
Text

1. As to KRW 44,267,815 and KRW 37,605,465 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 1, 2018 to June 4, 2019.

Reasons

1. Facts of recognition;

A. On June 22, 2016, the Defendant concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff and D Association, the insured amount of which is KRW 52,500,000, and the insurance period from June 22, 2016 to June 22, 2021, in order to guarantee the obligation of the loan, with a loan of KRW 50,000,000 from D Association.

B. On May 10, 2017, the Plaintiff paid KRW 43,650,321 to the D Association based on the instant guarantee insurance contract.

C. Since then, the Plaintiff received reimbursement of KRW 6,04,856 in the individual rehabilitation procedure against the Defendant and appropriated it to the principal. On October 31, 2018, the amount of indemnity that the Plaintiff had not been paid as of October 31, 2018 is KRW 44,267,815 in total, the amount of principal and KRW 37,605,465 in the final delay damages, and KRW 6,662,350 in the final delay damages. The interest rate for delay after October 31, 2018 stipulated in the instant guarantee insurance contract is 9% per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 44,267,815 and the principal amount of KRW 37,605,465 as to the Plaintiff from November 1, 2018 to May 28, 2019, the agreed interest rate of KRW 9% per annum until June 4, 2019, and delay damages calculated by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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