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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On April 9, 2013, the Defendant entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with C on April 9, 2013, setting the insurance policyholder C, the non-party company, the insurance amount of KRW 30,000,000, and the insurance period from April 9, 2013 to January 31, 2014 with respect to the obligation related to the urban gas supply contract to be borne by C to Psco Co., Ltd (hereinafter “Sco”).
B. On April 9, 2013, the Plaintiffs agreed to bear the joint and several liability within the limit of KRW 13,000,000 each of the liability for reimbursement to be borne by C under the instant guarantee insurance contract.
C. On April 9, 2013, the Defendant issued a policy of performance (payment) as of April 9, 2013 with respect to the non-party company C, the insured company, the insurance amount of 30,000,000 won, and the insurance period from April 9, 2013 to January 31, 2014. As security, the non-party company supplied urban gas, etc. to C according to the urban gas supply contract entered into with C.
C Around January 28, 2014, an insurance accident occurred by failing to pay the cost of using the above urban gas. On May 20, 2014, the Defendant paid 22,078,435 won as insurance proceeds to the non-party company as overdue cost of using the urban gas.
E. Meanwhile, on May 29, 2014, the Defendant filed a lawsuit claiming reimbursement against C and the Plaintiffs (Seoul Central District Court Decision 2014Da116606, the Seoul Central District Court rendered a claim for reimbursement of the insurance proceeds and the damages for delay thereof. On January 22, 2015, the said court rendered a judgment that “C and the Plaintiffs jointly and severally pay to the Defendant the amount of KRW 22,078,435 and the amount of said KRW 6% per annum from May 21, 2014 to June 20, 2014; the amount of said KRW 9% per annum from the following day to August 23, 2014; and the amount of said KRW 20% per annum from the next day to the date of full payment; the Plaintiffs were paid within the limit of KRW 13,00,000 each, and the said judgment became final and conclusive on February 24, 2015.”