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1. The Defendants jointly and severally pay KRW 116,516,064 to the Plaintiff.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Facts of recognition;
A. The Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a guarantee insurance contract with the Plaintiff to guarantee the payment of credit goods payment arising therefrom. In order to guarantee the payment of credit goods payment arising therefrom, the Defendant A Co., Ltd. (hereinafter “Defendant A”) concluded a guarantee insurance contract with the Plaintiff, “The insured Co., Ltd., Ltd., (hereinafter “Defendant A”) from November 5, 2001 to November 4, 2002 with the insurance period, from November 5, 2001 to November 4, 2002, and the content of the guarantee (securities numberC). The Defendant B and Nonparty D jointly and severally guaranteed the Defendant Company’s liability for indemnity payment under the instant guarantee insurance contract.
B. When concluding the instant guarantee insurance contract, where the Defendant Company failed to perform the agreement with the insured and the Plaintiff paid the insurance proceeds to the insured, the Defendant Company agreed to pay the Plaintiff the insurance proceeds immediately, but the Defendant Company agreed to pay the Plaintiff the delayed interest rate within the maximum overdue interest rate applied by the Plaintiff among the general loan overdue interest rates in commercial banks from the day after the date of late payment of the insurance proceeds to the day of full payment
C. After that, the defendant company did not pay the credit sales amount (the principal of 89,244,566, the maturity of May 7, 2002, and the overdue interest rate of 25% per annum) to the insurance company, the insured company, the insured, claiming for insurance money based on the insurance policy of this case to the plaintiff. Accordingly, on October 18, 2002, the plaintiff paid 99,085,908 won as insurance money to the insured on October 18, 2002.
On October 16, 2006, the Plaintiff paid KRW 66,617,330 out of the above insurance proceeds from D. The Plaintiff filed a lawsuit against the Defendants and D for reimbursement amounting to the Seoul Central District Court 2007Kadan320346. On January 25, 2008, “The Defendants jointly and severally paid to the Plaintiff 112,809,625 won, and 32,468,578 won of the remaining principal, with 19% per annum from August 14, 2007 to December 29, 2007, and 20% per annum from the next day to the date of full payment.”