구상금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 91,472,932 as well as 5% per annum from August 5, 2015 to September 3, 2015.
1. The facts of recognition (i) Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a guarantee insurance contract (hereinafter “instant contract”) between the Plaintiff and the Plaintiff, which is a guarantee insurance company, with the amount of the Plaintiff’s Intervenor (hereinafter “ Intervenor”), the insurance coverage amount of KRW 100 million from June 4, 2014 to June 3, 2015, and the content of the guarantee as “payment guarantee for goods out of the country” (hereinafter “instant contract”). The Defendants jointly and severally guaranteed all obligations the Plaintiff would have to bear according to the instant contract.
B. The Plaintiff, on July 13, 2015 and July 27, 2015, sent a written opinion to the Defendants stating the fact and amount of the insurance claim, and if there is any objection to the content of the claim, he/she shall submit a written opinion, and if there is no objection to the insured’s claim, he/she shall be deemed to have no objection to the insured’s insurance claim and shall be paid the insurance money through the procedures for the examination of compensation. However, the Defendant did not raise any objection.
Accordingly, on August 4, 2015, the Plaintiff paid KRW 91,472,932 to the intervenors.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, 12, and 13 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the amount of indemnity and damages for delay to the Plaintiff, unless there are special circumstances.
B. As to this, the Defendants agreed to discount the supply price, instead of paying the sales discount and sales incentive directly, and calculated accordingly, the amount to be paid by the Nonparty Company to the intervenors is KRW 37,764,794, which exceeds KRW 53,708,138, and the Plaintiff paid KRW 91,472,932. Thus, the Defendants paid the above insurance money to the intervenors.