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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 215,205,478 and KRW 200,000 among them, from January 1, 2016 to April 1, 2016.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter referred to as “C”) concluded a contract for the manufacture of Sungdong Shipbuilding Marine Co., Ltd. (hereinafter referred to as the “Madong Shipbuilding Sea”) with the DESK HUE & F UNNES CASING, and entered into a performance guarantee insurance contract with the Plaintiff for the guarantee of the payment of the contract deposit.
(hereinafter referred to as the instant insurance contract). The insured was determined from March 10, 2014 to May 26, 2015 as the amount of insurance coverage, the amount of insurance coverage was KRW 200,000,000.
The Defendants are joint and several guarantors of the instant insurance contract.
B. At the time of entering into the instant insurance contract, C paid the above insurance proceeds and damages for delay in accordance with the interest rate determined by the Plaintiff, if the Plaintiff pays the insurance proceeds to the insured due to nonperformance of contractual obligations.
The interest rate determined by the Plaintiff is 6% per annum from the day following the payment of insurance proceeds to 30 days, 9% per annum from such day to 60 days, 15% per annum from such day to December 31, 2015, and 12% per annum from such day to such day.
C. C, who did not perform the above manufacturing contract, the Sungdong Shipbuilding terminated the above contract with C and claimed the Plaintiff to pay the insurance money. On May 18, 2015, the Plaintiff paid KRW 200 million insurance money to the Sungdong Shipbuilding Sea.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual number), the purport of the whole pleadings
2. According to the facts found as above, the Defendants, a joint and several surety of C, jointly and severally, shall be jointly and severally liable to the Plaintiff for delay from May 19, 2015 to December 31, 2015, which is the day following the payment of the insurance proceeds on the amount of the principal subrogated to the Plaintiff. 15,205,478 won [20 million won] from May 19, 2015 to June 17, 2015 to 986,301 won (20 million won x 6% x 30/365) + from June 18, 2015 to August 16, 2015 to 2,958,904 won (20 million won x 60/365) + from August 17, 2015 to December 31, 2015 x 2015 x 206.37.25 billion won x 1637.25% x 16.27.25% x 16.37.25%