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1. The plaintiff
A. As to the Defendant A and B’s joint and several KRW 30,147,945 and KRW 10,000,000 among them, Defendant A and B’s joint and several liability.
Reasons
1. Basic facts
A. The Plaintiff entered into two guarantee insurance contracts (hereinafter “each of the instant performance guarantee insurance contracts”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the obligation to pay payment to the insured. The main contents of each of the instant performance guarantee insurance contracts are as follows.
1) The following1) Insured Type D (hereinafter “instant performance guarantee insurance contract”): the insurance period of Korea Pharmaceutical Industry Co., Ltd. (hereinafter “Korea Pharmaceutical Industry”) (hereinafter “Korea Pharmaceutical Industry”): 10,000,000 won: the insurance period: May 15, 2014 to May 14, 2014 (sale of Goods): Securities Number E (hereinafter “instant performance guarantee insurance contract”) (hereinafter “Korea Type 2 performance guarantee insurance contract”): the insurance period of 20,00,000 won (hereinafter “Korea wave”) insurance: the insurance period of 20,00,000 won: the insurance period of May 15, 2014 to May 14, 2015 (sale of Goods): the insurance amount of insurance (sale of goods).
B. The representative director of the Defendant Company B, who is the representative director of the Defendant Company, has jointly and severally guaranteed the Defendant Company’s obligation to bear each of the instant performance guarantee insurance contracts against the Plaintiff. As to KRW 6,500,000 out of the Defendant Company’s obligation to be borne by the Plaintiff under the 1st performance guarantee insurance contract of this case, Defendant C, the mother of Defendant B, guaranteed each of the parts of the Defendant Company’s obligation to be borne by the Plaintiff.
C. On May 14, 2015, for the Defendant Company’s medicine industry, KRW 19,074,412 is the unpaid amount of KRW 19,074,412 is the Defendant Company’s application for commencement of rehabilitation proceedings on July 10, 2015, the Plaintiff filed a claim for insurance money based on the instant first performance guarantee insurance contract with the Plaintiff. The Plaintiff paid KRW 10,000,000 to the Korea Pharmaceutical Industry on August 27, 2015.
On May 1, 2015, the amount payable at the time of the Defendant Company’s Korean War is KRW 65,195,950, and the amount is due to the Defendant Company’s default on August 28, 2015.