beta
Text
1. Defendant B’s KRW 44,574,90 and KRW 44,260,100 among the Plaintiff, 9% per annum from February 7, 2017 to June 24, 2017.
Reasons
1. Claim against the defendant B
A. 1) The Plaintiff did not dispute with D Co., Ltd. (hereinafter “D”).
(B) In order to secure the obligation to pay the price for the goods from E, etc., a guarantee insurance contract was concluded two times between D and D as set out in the table 1 below (hereinafter referred to as “the guarantee contract of No. 0”) and the combined guarantee contract of this case.
(2) At the time, Defendant B, a representative director of D, jointly and severally guaranteed the liability for indemnity against the Plaintiff under the instant guarantee agreement. Serially, on March 11, 2016, the insurance coverage period of the insured (original cover) 1D 20,000,000 E on March 11, 2016, the date of the conclusion of the insurance contract for the insured (original cover) to February 28, 2017, the agricultural company F50,000,000,000 on February 24, 2016 to February 23, 2016 [Attachment 1: the instant guarantee contract] from February 24, 2016 to February 23, 2017, the Plaintiff paid the guaranteed amount of KRW 20,000 on December 18, 2016; and the Plaintiff paid the guaranteed amount of KRW 89,80,005,00,035,050.
The payment for subrogation in relation to the first and second guarantee agreement and damages for delay until February 6, 2017 are as listed below (attached Table 2), and the rate of damages for delay under the instant guarantee agreement after February 7, 2017 is 9% per annum.
Classification
(a) Payment by subrogation;
(b) damages for delay;
(c) A total of 18,959,800 177,650 17,650 19,137,450 25,30,300, 300, 137, 240 25,437, 540 44,260, 100 314, 890 44,574,990 2: Payment by subrogation, etc. under the instant guarantee agreement);
B. According to the above facts of determination, Defendant B is a joint and several surety obligation to the Plaintiff for the reimbursement of the amount of KRW 44,574,90 and KRW 44,260,100 among them, calculated at the rate of 9% per annum, which is the agreed damages rate, from February 7, 2017 to June 24, 2017, and calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.