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1. The Plaintiff:
A. As to the Defendant C&I Co., Ltd., the amount of KRW 29,186,504 and KRW 26,796,704 among them, respectively.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant C&O Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are limited to “Defendant Co., Ltd.”).
(2) On April 1, 2013, the insured workers entered into an agricultural trade agreement with the Gimdong Agricultural Cooperative (U.S.) and the Plaintiff and the insured Gimdong Agricultural Cooperative (competent rice processing plant: hereinafter “Gindong Agricultural Cooperative”) on April 1, 2013 in order to guarantee the payment of the purchase price of the credit goods.
(2) In the event that a performance guarantee insurance contract is concluded on April 2, 2013 to April 1, 2014 (hereinafter “instant performance guarantee insurance contract”), the insurance proceeds of which are KRW 100,000,000,000, and the insurance period of which is from April 2, 2013 to
(2) Upon entering into the instant guarantee insurance contract, the Defendant Company agreed to pay the amount calculated by applying the rate of delay damages publicly notified by the Plaintiff per day from the day following the payment of the insurance proceeds to the day of full payment of the insurance proceeds if the Plaintiff pays the insurance proceeds.
3) As a result of the instant guarantee insurance contract, Defendant A guaranteed the Defendant Company’s obligation to the Plaintiff within the limit of KRW 100,000,000 as a joint and several liability to the Plaintiff. 4) Since then, the Defendant Company did not pay the credit goods to the Plaintiff, and the insurance accident occurred due to the Defendant Company’s failure to pay the credit goods to the Plaintiff. The Plaintiff filed a claim against the Plaintiff for the payment of the insurance money. On June 23, 2014, the Plaintiff paid KRW 90,804,757 as the insurance money to the Plaintiff
5) The Plaintiff received reimbursement of KRW 64,008,053 from the Defendants as of March 9, 2015, and paid the remaining principal by subrogation as of March 9, 2015, and the amount of finalized delay damages is KRW 26,79,800. 6) The Plaintiff agreed to comply with the maximum interest rate on general loans of commercial banks on delay damages. The maximum interest rate on general loans of commercial banks was 6% per annum from June 24, 2014 to July 23, 2014; 9% per annum from the following day until September 21, 2014; and September 22, 2014.