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1. Of the judgment of the court of first instance, the part against Defendant I and J is revoked, and the plaintiff I and the defendant I as to the revoked part.
Reasons
1. Basic facts
A. The Plaintiff’s claim for reimbursement against E 1) B (Co., Ltd. B before the change; hereinafter “B”).
P Co., Ltd. (hereinafter referred to as “P”).
(2) On February 2, 2012, B entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Plaintiff and the insured with the content of the P, the insurance amount of KRW 55,93,810, and the insurance period from January 1, 2012 to December 31, 2014, in order to secure the payment of the warranty bond for the P, among the construction works of the P, the construction works of the P, and the construction works for cooling and heating systems and the cooperative facilities. In order to ensure the payment of the warranty bond for the P, E jointly and severally guaranteed the Plaintiff’s liability to the Plaintiff under the instant guarantee insurance contract.
3) On April 30, 2012, the Plaintiff and B changed the insurance coverage amount of the instant guarantee insurance contract to KRW 64,960,000, and the insurance period from April 1, 2012 to March 31, 2015. 4) P claimed insurance money against the Plaintiff as the Plaintiff breached its obligations under the said construction contract, and the Plaintiff paid KRW 64,960,000 to P on September 20, 2016.
5) At the time of the instant guarantee insurance contract, the Plaintiff and B agreed to pay the Plaintiff the insurance money paid to the Plaintiff and the interest rate on the delayed loan of financial institutions under the Banking Act from the day following the date of the payment of the insurance money to the day of the full payment. The interest rate on delayed determined by the Plaintiff at that time is 6% per annum from the day following the payment of the insurance money to the day of the full payment, 9% per annum from the next day to the day of the full payment, and 12% per annum from the next day to the day of the full payment. (b) E, the owner of the real estate listed in the attached Table (hereinafter “instant real estate”). On May 14, 2015, E, who was the owner of the instant real estate (hereinafter “instant real estate”), donated the instant real estate to Defendant I (hereinafter “instant gift contract”), and the registration of the transfer of ownership.