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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 234,765,360 and KRW 217,160,000, out of the above amounts.
Reasons
1. Basic facts
A. On July 16, 2010, the Plaintiff concluded a guarantee insurance contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with the term “Non-Party E Co., Ltd. (hereinafter “Non-Party E”), insurance coverage amounting to KRW 171,60,00,00, and insurance coverage period from July 16, 2010 to August 26, 2010; the content of the guarantee; and the guarantee insurance contract with the term “payment guarantee following the nonperformance of the video system of the contents of the guarantee; and the interior contract (hereinafter “instant construction contract”); and “Non-Party A Co., Ltd., the Insured”; the insurance coverage amounting to KRW 89,660,00; the insurance period from July 16, 2010 to August 26, 2010; and the guarantee insurance contract with the content of the instant construction contract as the guarantee insurance contract under each of the instant “payment guarantee insurance contract” (hereinafter “instant guarantee insurance contract”).
When the plaintiff paid insurance money to the non-party company that is the insured, the defendant company decided to pay the above insurance amount and damages for delay calculated in accordance with the interest rate applied to the plaintiff.
B. Around that time, Defendant B CD guaranteed the Plaintiff’s debt owed by the Defendant Company under each of the instant guarantee insurance contracts (hereinafter “instant guarantee contract”), and at the time, Defendant B CD had a certified digital signature.
C. Thereafter, around May 26, 2011, the non-party company asserted that the Defendant Company did not perform its obligation under the instant construction contract and demanded the Plaintiff to pay the insurance proceeds. Accordingly, on January 29, 2013, the Plaintiff paid the non-party company KRW 197,418,181 (the insurance proceeds of KRW 156,00,000 based on the instant guarantee insurance contract, KRW 156,418,181, based on the instant guarantee insurance contract).
At the time, the Plaintiff’s amount equivalent to value-added tax out of advance payment under the instant construction contract is the input tax amount under the Value-Added Tax Act.