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1. The Plaintiff:
(a) Defendant C, D, and E jointly and severally KRW 57,461,913;
B. Defendant G, H, I, and J are Defendant C, D, E.
Reasons
1. Facts of recognition;
A. On May 15, 1991, Defendant C concluded a lease insurance contract with the non-party KK Co., Ltd. (hereinafter “non-party company”) by setting the insurance coverage amount of KRW 80 million between the Plaintiff (former L Co., Ltd.) and the insured non-party company, the insurance coverage amount of KRW 80 million, and the insurance coverage period from May 20, 1991 to October 21, 196.
According to the above contract, if Defendant C delays the payment of the rent for the non-party company, the non-party company may terminate the lease contract and claim the insurance money to the Plaintiff. Accordingly, if the Plaintiff paid the insurance money to the non-party company, Defendant C shall immediately compensate the Plaintiff, but if so, the payment shall be made by adding the amount of delay interest rate to the non-party company within 30 days from the following day of the payment of the insurance money to the 30th day from the day of the payment of the insurance money, and the delay interest rate in arrears by the financial institution
In addition, Defendant D, Defendant E, Nonparty M, and Nonparty N jointly and severally guaranteed the obligations of Defendant C to the Plaintiff under the above insurance contract.
B. Since then, Defendant C delayed the payment of rent, and the non-party C claimed insurance money to the Plaintiff after cancelling the lease agreement. On February 19, 1993, the Plaintiff paid KRW 80 million to the non-party company.
C. By November 17, 1995, Defendant C repaid KRW 5,821,427 to the Plaintiff and returned the said money to the principal, and the principal amount remains at KRW 74,178,573 (= KRW 80 million – KRW 5,821,427). The delay damages for the period from February 20, 1993 to November 17, 1995 were determined at KRW 36,534,190.
Of the joint and several suretiess, the above M died on May 23, 1991, and the above N on January 20, 1993. Accordingly, the above M's joint and several sureties's joint and several sureties's debt is 3/9 shares, 2/9 shares in P, Q and R, their children, respectively, and the above N's joint and several sureties's debt is its wife.