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1. Defendant B, C, and D jointly and severally with the Plaintiff KRW 167,147,663 as well as KRW 125,465,589 as to the Plaintiff’s KRW 125,465,589.
Reasons
1. Claim against Defendant B and C
A. According to each of the statements in Gap evidence Nos. 1 through 19 (including additional numbers), the above defendants are jointly and severally liable to pay to the plaintiff the amount set forth in paragraph (1) of this Article.
B. As to this, the Defendants asserted to the effect that the insurance limit of the guaranteed insurance contract is set at KRW 90,790,340, and thus, the Plaintiff’s duty of indemnity should be limited to the said limit.
However, according to Article 441(1) of the Civil Act, when a person who has become surety upon the request of the principal obligor, has the right to indemnity against the principal obligor when he had the principal obligor extinguished the principal obligation by payment, or by other withdrawal, without any negligence, and the scope thereof is the amount that the principal obligor has been indemnified and the legal interest from the date on which he has been indemnified. In the case of surety insurance, the provisions on the right to indemnity of the guarantor are applied. According to the evidence of this case, the Plaintiff lost from the lawsuit claiming performance guarantee insurance (Seoul Central District Court 2012Ga135030) instituted by the Korea Employment Agency for Disabled Persons (Seoul Central District Court 201Da135030), and paid the principal amount of KRW 125,465,589 (the principal amount of KRW 86,70,000, KRW 3865,589) to the above Corporation [the duty to recover due to the cancellation of the contract, and the amount of delay damages can be claimed from the Defendant Company.
Therefore, this part of the defendants' assertion is without merit.
2. Claim against Defendant D and E
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Grounds for recognition: Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);
3. The plaintiff's claim against the defendants is justified.