구상금 등
1. The Plaintiff:
A. Defendant A, B, and D are jointly and severally liable for KRW 160,327,680 and KRW 148,211,165 among them. < Amended by Presidential Decree No. 25505, Jul. 31, 2014>
1. Facts of recognition;
A. On May 17, 2012, Defendant A entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Plaintiff with respect to the agency contract and mobile subsidiary contract between the non-party ELS Co., Ltd. (hereinafter “non-party ELS”) and the Plaintiff. In the event that the above Defendant did not perform its obligation under the above agency contract, etc., the Defendant agreed to pay the Plaintiff the insurance money to be paid immediately, but if delayed, the payment of the insurance money shall be made within the maximum interest rate set forth by the Plaintiff out of the overdue interest rate from the date following the date of the payment of the insurance money to the financial institution under the Banking Act.
Securities Number G Insured Co., Ltd. Co., Ltd. insurance coverage amounting to KRW 510,00,000 (20,000 won at the beginning of the beginning of the year to January 1, 2013) from May 14, 2012 to December 31, 2013 (20,00 from May 13, 2014 to January 1, 2013) insurance coverage amounting to KRW 510,00,00 (20,000 at the beginning of the year to January 1, 2013) by a mobile network operator’s agent contract and guarantee of payment for the amount of credit goods
B. As to all obligations owed by Defendant A to the Plaintiff under the instant guarantee insurance contract, Defendant C jointly and severally guaranteed each of the above obligations amounting to KRW 100 million.
(Defendant E and F were jointly and severally guaranteed for Defendant A's obligation under the original guarantee insurance contract of this case, but were excluded from the subsequent joint and several sureties).
Since March 2013, Defendant A delayed the performance of its obligations to the non-party company under the above agency contract, the non-party company claimed insurance money under the instant guarantee insurance contract to the Plaintiff on April 22, 2014 and November 27, 2014. The Plaintiff paid KRW 148,211,165 to the non-party company as insurance money, and KRW 12,116,515 to the non-party company on January 30, 2015.
The interest rate for delay damages determined by the Plaintiff pursuant to the guaranty insurance contract of this case shall be insurance money.