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1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant D is dismissed.
2.(a)
Defendant A shall be the Plaintiff 150,000.
Reasons
1. Claims against the defendant A and B
A. Facts of recognition 1) E Co., Ltd. (hereinafter “instant company”).
(2) On April 5, 2011, in order to secure the payment of goods under a goods supply contract to a two-wheeled motor vehicle company, the Plaintiff and the insured shall be subject to a contract to guarantee the performance of the sales of goods from April 5, 201 to April 4, 201 (hereinafter “instant performance guarantee contract”).
(2) Defendant A, the representative director of the instant company, jointly and severally guaranteed the indemnity obligation owed by the instant company to the Plaintiff according to the instant performance guarantee agreement, and Defendant B jointly and severally guaranteed the indemnity obligation within the limit of KRW 195 million.2) The instant company agreed to immediately compensate the Plaintiff for the insured event caused by the instant performance guarantee agreement, and to pay damages for delay by adding the interest rate set by the Plaintiff within the maximum of the overdue interest rate of the financial institution under the Banking Act from the day following the date of the payment of the insurance money to February 10, 2013. The rate set by the Plaintiff is 6% per annum until February 10, 2013, 9% per annum from the following day to April 12, 2013, and 15% per annum from the following day.
3) On December 6, 2012, when both companies did not receive the price of goods from the instant company, they claimed KRW 150 million for insurance proceeds under the instant performance guarantee contract to the Plaintiff, and on January 10, 2013, the Plaintiff paid KRW 150 million insurance proceeds to the two vehicles company on January 10, 2013. 【Defendant A’s ground for recognition: Service by publication (Article 208(3)3 of the Civil Procedure Act): Defendant B: Confession (Article 208(3)2 of the Civil Procedure Act).
B. If so, the judgment of the Plaintiff is based on the following facts: Defendant A paid KRW 150 million to the Plaintiff, and Defendant A paid insurance money under the instant performance guarantee contract from January 11, 2013 to January 2013.