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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 645,008,70 and KRW 369,466,070 among them, from January 6, 2015 to April 2015.
Reasons
1. Indication of claim;
A. On June 1, 2009, the Plaintiff entered into a guarantee insurance contract for the payment of gas user fees for the supply of urban gas to Defendant B and C Co., Ltd. (the contract period: from June 1, 2009 to May 31, 2010; the purchase amount of insurance: 400,000,000 won).
B. However, the policyholder, Defendant A, who did not pay gas usage fees, claimed the Plaintiff to pay insurance proceeds. On March 31, 2010, the Plaintiff subrogated for KRW 393,478,310 to the Lightwon Urban Gas Corporation.
After that, 24,012,240 won was returned to the Plaintiff out of the above insurance money to be paid.
C. Meanwhile, the above guarantee insurance contract provides that if the plaintiff pays insurance proceeds, the defendant and the guarantor shall pay the above insurance proceeds immediately, but if delayed, the insurance proceeds shall be calculated at the interest rate set by the plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act from the day following the payment date of the insurance proceeds until the full payment date.
However, the overdue interest rate determined by the Plaintiff is 19% per annum from April 1, 2010 to December 31 of the same year, which is the day following the date on which the payment was made by subrogation, and is 15% per annum from January 1, 201 to April 17, 2015.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of the principal and interest of subrogation 645,008,700 won and the amount of the principal of subrogation 369,46,070 won from January 6, 2015 to April 17, 2015, the overdue interest rate of 15% per annum for the period from January 6, 2015 to April 17, 2015, and the delay interest rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. Article 208 (3) 3 of the Civil Procedure Act: