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1. Defendant A, C, and D are jointly and severally liable to the Plaintiff for KRW 289,428,997 and KRW 288,008,681 among them.
Reasons
1. Facts of recognition;
A. Defendant A (hereinafter “A”) entered into a contract with the Kti Co., Ltd. (hereinafter “K”) on October 1, 2013, and was supplied with a mobile phone device from the case around that time.
B. As between the Plaintiff and the Plaintiff on September 25, 2013, Defendant A entered into a guarantee insurance contract for performance (payment) that covers the insured’s loss due to the failure to perform the liability for damages under the agency contract of a mobile network operator and the liability for the amount of credit goods on the part of a mobile network operator (hereinafter “instant guarantee insurance contract”) from September 1, 2013 to September 10, 2015.
When the plaintiff paid insurance proceeds to the insured due to the plaintiff's failure to discharge his obligation guaranteed by the plaintiff at that time, the defendant A paid the insurance proceeds and damages for delay calculated according to the rate (6% per annum from the day following the date of payment of insurance proceeds to the day of full payment, 6% per annum and 9% per annum from the next day to the day of full payment) notified by the plaintiff from the day following the day of payment of insurance proceeds. The plaintiff also
At that time, Defendant C, in-house directors, Defendant D, and Defendant B were jointly and severally guaranteed the obligations of the Plaintiff that Defendant A bears in accordance with the instant performance guarantee insurance contract.
C. On January 16, 2016, Kti terminated the above consignment agency contract on the grounds of Defendant A’s nonperformance. From January 22, 2015 to August 2015, the Plaintiff claimed KRW 288,868,122, including the amount of terminal payments not paid from Defendant A, in accordance with the instant performance guarantee insurance contract, from January 2, 2015 to August 2015. After undergoing an examination, the Plaintiff paid KRW 288,08,681, insurance money to Kti on March 11, 2016.
The payment date of insurance proceeds occurs from March 12, 2016 to April 10, 2016.