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1. The Defendants are jointly and severally liable to the Plaintiff for 334,489,330 won and the period from April 24, 2001 to August 6, 2005.
Reasons
1. Facts of recognition;
A. On July 28, 200, the Seoul Guarantee Insurance Co., Ltd. entered into a guarantee insurance contract with Defendant A Co., Ltd. with the effect that the insured will guarantee the cost of restoration to the original state to be borne by the Defendant A Co., Ltd. with the permission of recovery of land aggregate from the original state of original state, the insured would be 477,577,000 won, and the insurance period from July 12, 2000 to May 31, 2001 (hereinafter “instant contract”). The Defendant B, C Co., Ltd., Korea Ltd., Han, D, and E guaranteed the obligation of the Defendant A Co., Ltd. to the Seoul Guarantee Insurance Co., Ltd. related to the instant contract.
B. On April 23, 2001, Seoul Guarantee Insurance Co., Ltd. paid KRW 385,911,610 in subrogation of the Defendant A Co., Ltd., who did not restore to its original state at the original city on April 23, 201 under the instant contract
C. On September 15, 2005, the Seoul Guarantee Insurance Co., Ltd. filed a claim for reimbursement against the Defendants by 2005da3478, Gangnam Branch of the Chuncheon District Court, and rendered a judgment on September 15, 2005 to the effect that “the Defendants jointly and severally provided to the Plaintiff 334,489,330 won, and the amount of money calculated at the rate of 19% per annum from April 24, 2001 to August 6, 2005, and 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive on November 17, 2005.
On the other hand, on October 29, 2013, the Plaintiff acquired the claim against the Defendants under the instant contract from Seoul Guarantee Insurance Co., Ltd.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts as seen earlier prior to the determination of the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining amount of 334,489,330 won by subrogation, 19% per annum from April 24, 2001 to August 6, 2005, and 20% per annum from the next day to the date of full payment.
As to this, the defendant A and B are the defendant at the time of the contract of this case.