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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 131,698,865 and KRW 129,035,760 among the Defendants.
Reasons
1. Part of the claim against the defendant A, B, and C
(a) As shown in the reasons for the claim in the annexed sheet;
(b) Defendant A and B based on recognition: Judgment on constructive confession (Article 208(3)2 of the Civil Procedure Act): Defendant C by service (Article 208(3)3 of the Civil Procedure Act)
2. Part of the claim against the defendant D
A. The facts of recognition (1) Defendant A concluded a guarantee insurance contract (Advance payment) with the Plaintiff for the guarantee of advance payment for three facilities, including E, from the 5326 unit to the 5326 unit support group of the Air Force Operations Headquarters, with the amount of insurance coverage of KRW 5326, 167,755,820, and the insurance period from June 28, 2013 to June 24, 2014.
(2) At the time of the conclusion of the above insurance contract, Defendant A Co., Ltd. agreed to calculate damages for delay by calculating the number of delayed days per day and multiplying the rate of interest applied to delay damages publicly notified by the Plaintiff on a daily basis as 365 day from the day following the date of payment of insurance proceeds to the day of full payment when the Plaintiff pays insurance proceeds due to the occurrence of an insured incident in violation of the above contract.
(3) Defendant B, C, and D jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff under the above insurance contract.
(4) Thereafter, Defendant A Co., Ltd. did not perform the above contract. Upon the insured’s insurance claim, the Plaintiff paid KRW 77,145,560 on October 24, 2014, and KRW 51,890,200 on February 27, 2015, respectively.
(5) The amount of insurance proceeds calculated as of February 27, 2015 is KRW 129,035,760 in total, and damages for delay incurred until that time is paid is KRW 2,663,105 in total, and the sum is KRW 131,698,865 in total.
(6) The rate of delay damages under the above contract is 6% per annum from October 25, 2014 to November 23, 201 of the same year, 9% per annum from the next day to January 22, 2015, and 15% per annum from the next day to the next day.
[Reasons for Recognition]