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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 71,644,103 and KRW 70,221,920 among them, from September 26, 2013 to December 26, 2013.
Reasons
1. Facts of recognition;
A. On March 18, 2013, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract with the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) for “C” construction cost of KRW 231,00,000 (Advance payment of KRW 69,30,000) and the term of the contract from March 18, 2013 to June 30, 2013.
B. On March 20, 2013, Defendant Company entered into a performance guarantee insurance contract (contract, advance payment) with the Plaintiff (hereinafter “instant guarantee insurance contract”) with the following terms, and Defendant B jointly and severally guaranteed the Defendant Company’s liability for reimbursement against the Plaintiff.
1) Insured: 23,100,000 won (contract deposit), 69,300,000 (Advance payment guarantee) insurance period: From March 18, 2013 to June 30, 2013 (Performance Guarantee Insurance) and from March 20, 2013 to June 30, 2013 (Performance Guarantee Insurance) insurance: From March 20, 2013 to June 30, 2013
C. Around May 22, 2013, the Defendant Company failed to perform its obligations under the said construction contract, and the Intervenor notified the Defendant Company of termination of the contract and filed a claim for insurance money based on the instant guarantee insurance contract with the Plaintiff on May 31, 2013, and the Plaintiff paid KRW 73,000,000 to the Intervenor on June 27, 2013 (=a contract bond of KRW 10,000,000,000).
According to Article 4 of the Guarantee Insurance Agreement, when the plaintiff pays insurance proceeds due to the occurrence of an insurance accident, the defendant company and the guarantor shall pay the plaintiff the insurance proceeds and damages for delay calculated by multiplying the plaintiff's interest rate applied to the insurance proceeds and damages for delay notified by the plaintiff from the following day of the payment of the insurance proceeds to the day of full payment. The overdue interest rate publicly announced by the plaintiff is 6% per annum for 30 days from the following day of the payment of insurance proceeds, 9% per annum for 60 days from the following day, and 15%
E. Nonparty D, a co-representative of the Defendant Company, was Nonparty E on August 30, 2013.