beta
Text
1. The Defendants jointly and severally pay to the Plaintiff KRW 4,401,855 as well as KRW 4,397,518 as from June 1, 2016.
Reasons
1. Facts of recognition;
A. On November 27, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) to guarantee the payment of rent and penalty in accordance with the rental agreement for Defendant AJ-based rental car (hereinafter “instant guarantee insurance contract”) by setting the insurance coverage amount of KRW 6,000,000 from December 6, 2013 to December 25, 2016, with the insured AJ-based car Co., Ltd. (hereinafter “AJ-based car”) as the insurance coverage amount of KRW 6,00,000.
B. According to the instant guarantee insurance contract, when the Plaintiff pays the insurance money, Defendant A paid the insurance money and damages for delay in addition to the interest rate determined by the Plaintiff from the day following the payment of the insurance money to the Plaintiff.
(The interest rate applied by the Plaintiff shall be 6% per annum from May 26, 2016 to May 31, 2016, and 15% per annum from the following day to the date).
At the time of the conclusion of the instant guarantee insurance contract, the electronic document for the joint and several guarantee of Defendant A’s debt under the said guarantee insurance contract (hereinafter “instant joint and several guarantee agreement”) was prepared by Defendant B by means of digital signature via the Defendant’s authorized certificate.
From March 1, 2015 to June 29, 2015, Defendant A did not pay a siren rent and penalty, etc., and the Plaintiff paid KRW 4,397,518 as insurance proceeds upon the claim of AJene kylscar.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 9 (including family numbers, hereinafter the same shall apply), Eul's 3 and 4, and the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. Defendant A, the cause of the claim, jointly and severally with Defendant B, KRW 4,401,855 (i.e., insurance money KRW 4,397,518) (i.e., KRW 4,337 for delay from May 26, 2016 to May 31, 2016) and KRW 4,397,518 for insurance money, which is the day following the date on which the final damages for delay are calculated.