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1. The Defendants jointly and severally pay to the Plaintiff KRW 108,962,540 and KRW 31,807,786 among them.
Reasons
1. Facts of recognition;
A. On July 26, 1990, the Plaintiff entered into a payment guarantee insurance contract with Defendant A on the joint and several sureties of Defendant B and C, providing that “The policyholder: Defendant A and the insured: Pung business entity, insurance amount: KRW 50 million: insurance amount: insurance period: from July 23, 1990 to July 22, 1991; and content of guarantee: Purchase guarantee for printed forms.”
B. At the time of the conclusion of the above guarantee insurance contract, Defendant A agreed to pay the insurance money to the insured in the event that the Plaintiff failed to implement the agreement with the insured and the Plaintiff paid the insurance money to the insured immediately. In the event of delay, Defendant A agreed to pay the insurance money by applying the highest loan interest rate within 30 days from the day following the date of payment of the insurance money to the general loan interest rate within 1 year in commercial banks, with respect to the period exceeding 30
C. The insured event occurred due to Defendant A’s failure to perform his/her obligations to the large-scale business entity, and the Plaintiff paid KRW 39,194,021 insurance money to the large-scale business entity on August 26, 191.
The Plaintiff received payment of certain principal 7,386,235 won of the above insurance proceeds, but did not receive 31,807,786 won of the remaining principal and damages for delay from August 27, 1991 to July 20, 2004, “108,962,540 won and damages for delay calculated at the rate of 17% per annum from July 21, 2004 to the date of full payment.”
Therefore, the plaintiff filed a lawsuit against the defendants to order the payment of the above money, and was sentenced to the Seoul Central District Court Decision 93Gahap15311 on July 28, 1994, and the above judgment became final and conclusive around that time. The plaintiff filed a lawsuit for the same purpose of interrupting prescription, and again filed a lawsuit for the same purpose, and was sentenced to the Seoul Central District Court Decision 2004Gadan237696 on December 14, 2004, and the above judgment became final and conclusive around that time.
【Unsatisfy-based dispute”, Gap 1 through 5