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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 164,150,80 and KRW 164,016,00 among them, from June 29, 2016 to January 2018.
Reasons
1. Basic facts
A. On May 24, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with respect to the deposit for restoration expenses due to conversion of mountainous district upon granting permission for and reporting on conversion of mountainous district to Cheongbuk-do Do Cheongbuk-do.
-Contractor: Defendant A, Defendant B, and the insured: The amount of insurance coverage: 164,00 won, 164,016,000 won, and insurance period: From May 10, 2013 to October 31, 2016; - The company shall pay the insurance amount within seven days, when the insured claims the insurance amount following the procedure due to the occurrence of an insured incident.
- When the company pays insurance money to the insured, the company shall have the right to indemnity against the contractor.
B. The Defendant Company failed to perform its duty to restore the mountainous district to its original state, even though it failed to complete the mountainous district conversion work.
C. On June 23, 2016, according to the instant insurance contract, the Plaintiff paid KRW 164,016,000 to the Boin-gun, the insured, as well as KRW 164,00.
The final delay damages until June 28, 2016 against the said money are KRW 134,800.
Boman-gun used the above money for mountainous district restoration work, and expected to return the remaining 11,58,000 won to the plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, fact-finding inquiry about each of the beams, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, since the defendant company did not perform its duty to restore to the original state and the plaintiff paid the insurance proceeds to Boan-gun, the defendants jointly and severally, according to the insurance contract of this case, as to the amount of KRW 164,150,80, and the amount of KRW 164,016,00,00 among them, the defendants shall be 6% per annum as prescribed by the Commercial Act from June 29, 2016 to January 17, 2018, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.