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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. In 2014, the Defendant entered into an automobile lease contract with C (D Co., Ltd. after the change of trade name) and the Plaintiff entered into each guarantee insurance contract with the Defendant as the insured as the D Co., Ltd. to guarantee the Plaintiff’s payment of rent and penalty for breach of contract under the said lease (hereinafter “instant contract”).
Serial Insurance Amount guaranteed by Defendant D (ju) 4,534,00 won as the insurance coverage period from August 4, 2014 to August 3, 2018, and compensation for breach of contract amounting to KRW 2 Defendant D (ju) 3,720,000 from July 18, 2014 to July 17, 2018.
B. According to the instant contract between the Plaintiff and the Defendant, where the Plaintiff is unable to perform the agreement with the insured, and the Defendant immediately pays the insurance proceeds under the instant contract, the Defendant shall pay the Plaintiff the insurance proceeds, but if delayed, the interest rate applied by the Plaintiff calculated the number of delayed days per day from the day following the date of payment of the insurance proceeds to the day of full payment (6% per annum from the day after the payment of the insurance proceeds to the day after the payment of the insurance proceeds, 9% per annum from the next day to the 60th day, 12% per annum from the next day to the day of delivery of the complaint, and 15% per annum from the next day
C. As the Defendant delayed the payment of vehicle rent, D, the insured, filed a claim against the Plaintiff on May 10, 2016. Accordingly, on June 3, 2016, the Plaintiff paid KRW 3,976,465 according to the insurance contract No. 1, and KRW 3,720,00 according to the insurance contract No. 2, and KRW 7,696,465.
Then, the Defendant paid KRW 2,500,000 to the Plaintiff and appropriated it to the principal of the Plaintiff’s claim for reimbursement. Accordingly, as of October 13, 2016, the amount of reimbursement against the Defendant as of October 13, 2016 is remaining principal of the indemnity.