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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 145,015,074 and KRW 107,752,793 among them, from January 1, 2016 to January 1, 2017.
Reasons
1. The insured insurance amount covered by the insurance contract of the type of insurance covered by the insured, the insurance period of which is one insurance period, 26,022,40 won from December 29, 201 to December 29, 2012. 26,02,40 won from December 29, 2011 to December 29, 2012, 200 won from December 29, 2011 to December 39, 2013, 56,875,000 won for payment guarantee E-payment guarantee for Skco's advance payment from December 29, 2013 to October 7, 2013 to December 31, 2013.
On February 28, 2011, C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) entered into a guarantee insurance coverage agreement with the Plaintiff, setting a maximum trading amount of one billion won, from February 28, 2011 to February 27, 2012 (the cover period of each guarantee insurance contract is from January 1, 2010 to December 31, 2019). The Defendants jointly and severally guaranteed the obligations of the Plaintiff under the said agreement, and based on which the Plaintiff and the Nonparty Co., Ltd concluded each of the following individual guarantee insurance contracts:
(hereinafter referred to as the “instant contract 1, 2, 3, and 4”;
B. At the time of the instant contract, where the Plaintiff pays the insurance proceeds to the insured, the non-party company agreed to pay the Plaintiff the insurance proceeds and damages for delay at the interest rate determined by the Plaintiff from the day following the date of payment of the insurance proceeds to the date of full payment. The overdue interest rate applied by the Plaintiff is 6% per annum from the date following the date of payment of the insurance proceeds to 30% per annum, 9% per annum from the next day to December 31, 2015, 15% per annum from the next day to December
C. The Plaintiff paid KRW 26,022,40 on July 16, 2013 with respect to the instant one contract; ② KRW 26,022,40 on March 18, 2014 with respect to the instant two contracts; ③ KRW 4,700,00 on April 16, 2013 with respect to the instant three contracts; KRW 801,538 on April 19, 2013; and ④ KRW 10,200,000 on April 16, 2013 with respect to the instant four contracts, and KRW 6,455 on April 19, 2013 to each insured.
As of December 31, 2015, each of the instant cases against the Plaintiff of the non-party company.