구상금 등
1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 52,513,870, and the aforementioned amount shall be from February 25, 2016 to March 25, 2016.
1. Basic facts
A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is limited to the conclusion of an insurance contract to guarantee performance.
() On May 7, 2015, the Plaintiff entered into an accurate packaging construction contract with Pyeongtaek-do and E Village entry. On May 7, 2015, the Plaintiff entered into a guarantee insurance contract (a contract) with the Defendant Company with the content that the term “insured Pyeongtaek-do, the content of the guarantee, the contract bond for the construction works, the insurance amount of KRW 75,670,080, and the insurance period from May 7, 2015 to November 2, 2015 (hereinafter “instant insurance contract”).
(2) Defendant B and C concluded a joint and several liability for reimbursement against the Plaintiff of the Defendant Company on the same day.
3) According to the instant guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company pays to the Plaintiff the amount of the insurance money to be paid and the amount of delay interest rate applied by the Plaintiff from the day following the payment date of the insurance money to the day of full payment. The overdue interest rate applied by the Plaintiff is 6% per annum from the day following the payment date of the insurance money to 30% per annum, 9% per annum from 31 to 90 days, and 91 days from the day of full payment from the day of full payment. (B) The payment of insurance money is terminated on December 21, 2015 on the ground of the Defendant Company’s non-performance of the construction contract, and the Plaintiff claimed the insurance money to the Plaintiff on January 25, 2016. Accordingly, the Plaintiff paid the insurance money to Pyeongtaek-si on February 24, 2016, KRW 75,670,090 per insurance
2) After that, the Plaintiff recovered KRW 23,156,201 from the Defendant Company to appropriate the principal, and the remaining amount of the insurance money that was not recovered was KRW 52,513,870 ( KRW 75,670,090-23,156,201). C. Meanwhile, on February 19, 2016, Defendant C and Defendant C owned real estate (hereinafter “instant real estate”).
2) As to the sales contract of KRW 130 million (hereinafter “instant sales contract”)
the same day to Defendant D.