1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 12,986,150 and KRW 12,856,186 among them.

1. Basic facts

A. On July 6, 2010, the Plaintiff entered into a performance guarantee insurance contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) by setting the insurance amount as KRW 500,000,00 as the Plaintiff’s Intervenor, and the insurance period as from July 6, 201 to July 5, 2011, for the guarantee of the payment of damages under the electronic indemnity contract with the Plaintiff’s Intervenor, such as credit card merchants, etc. which the Defendant Company entered into with the Plaintiff’s Intervenor, as the Plaintiff’s Intervenor’s Intervenor, and entered into a performance guarantee insurance contract by setting the insurance amount as KRW 500,00,000 as the insurance amount as from July 6, 201, and thereafter, around March 28, 2011 (hereinafter collectively, the “instant performance guarantee insurance contract”).

B. Defendant D, E, F, G, and H have jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company against the Plaintiff in relation to the instant performance guarantee insurance contract. Meanwhile, damages for delay on the said indemnity amount were set at 6% per annum in cases where payment is made within 30 days from the date following the date of payment of insurance money, 9% per annum in cases where payment is made within 90 days from the date of payment of insurance money, and 12% per annum in cases where payment is made after 90 days.

C. After that, on May 20, 2016, the Plaintiff’s Intervenor filed a claim for insurance proceeds with the Defendant Company for damages incurred due to the Defendant Company’s nonperformance of the said contract. Accordingly, the Plaintiff paid KRW 12,856,186 with the insurance proceeds on September 6, 2016. The remaining amount of the credit as of October 27, 2016 is the principal amount of KRW 12,856,186 and delay damages amount of KRW 129,964.

[Judgment of the court below] The facts that there was no dispute over the ground for recognition, Gap evidence 1 through 5 (including the number of branch offices); the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s cause of claim, barring any special circumstance, the Defendants are jointly and severally liable to pay 12,986,150 won, and 12,856,186 won, the principal of which is 12,85,186,186 won, and damages for delay at the rate of 12% per annum from October 28, 2016 to the date of full payment.

3. The defendants' assertion and judgment

A. The defendants' assertion.