구상금
1. The part of the judgment of the court of first instance against the Defendants in accordance with the amendment of the claim in the trial is modified as follows.
1. Basic facts
A. On April 19, 2013, the Plaintiff engaged in guarantee insurance business, and entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with respect to the amount of insurance coverage of A’s obligation for the purchase-price for goods against A Company Barun, 30,000,000, and the insurance period from April 19, 2013 to April 18, 2014.
B, C and H have jointly and severally guaranteed the liability for indemnity under the performance guarantee insurance contract of this case against the plaintiff of the same day within the limit of KRW 29,250,000 each.
(B) A joint and several surety contract between H and the Plaintiff was signed on the Plaintiff’s website through an authorized certificate in the name of B, C, and H, and a digital signature was made by means of an authorized certificate in the name of B, C, and H with respect to each of the above joint and several surety contract; hereinafter “instant joint and several surety contract”).
In the instant performance guarantee insurance contract and the instant joint and several liability insurance contract, where a policyholder’s insured event occurs and the Plaintiff pays insurance proceeds to the insured, the policyholder and the joint and several surety agreed to pay the Plaintiff with the interest rate applied to the amount of the relevant insurance proceeds and the damages for delay as determined by the Plaintiff from the day following the date of payment of insurance proceeds to the day of full payment. The interest rate in arrears determined by the Plaintiff is 6% per annum from the day following the date of payment of insurance proceeds to 30 days from the day after the date of payment of insurance proceeds,
C. Thereafter, an insured incident stipulated in the instant performance guarantee insurance contract occurred, and the Plaintiff paid KRW 30,000,000 as insurance money to the correct hand corporation on August 26, 2014 upon the Plaintiff’s claim as a correct hand.
On the other hand, H (hereinafter “the deceased”) died on August 12, 2013, and as the deceased’s heir, Defendant D, Defendant F, and G, the wife, and Defendant D’s co-defendant E (hereinafter “E”), Defendant F, and Defendant D’s statutory share of inheritance.