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1. The Defendants jointly and severally agreed to the Plaintiff KRW 180,000,000, and 6% per annum from December 28, 2012 to January 26, 2013.
Reasons
1. Facts of recognition;
A. On October 6, 2010, the Plaintiff concluded a performance guarantee insurance contract (731 days) with the Defendant Company A (hereinafter “A”) to guarantee the payment of credit goods payment obligations arising out of a petroleum product supply contract entered into with Nonparty Subdivision Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant A entered into an insurance contract to guarantee the payment of credit goods payment obligations arising out of a petroleum product supply contract. The insurance amount is KRW 180,000,000,000 insurance period, from October 6, 2010 to October 5, 2012 (731 days), and the performance guarantee insurance contract (the sales payment guarantee agreement; hereinafter “instant guarantee insurance contract”).
The rate of 6% per annum after the lapse of 31 days from the 90th day to the 90th day from the day following the day of the day of the occurrence of insurance proceeds 15% per annum;
B. According to the guaranty insurance contract of this case, if Defendant A did not pay the price for the goods unpaid to the non-party company, the defendant A and the guarantor shall pay to the plaintiff the above payment insurance amount and the delay interest rate calculated at the interest rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rate of financial institutions under the Banking Act (Article 3), and the delay interest rate determined by the plaintiff is as follows.
C. Meanwhile, at the same time, Defendant B, Defendant C (hereinafter “C”) and Defendant D, the representative director of Defendant C at the time of the same day, who was the representative director of Defendant C, had jointly and severally guaranteed the liability for indemnity under the instant guarantee insurance contract against the Plaintiff.
However, as of September 30, 2012, Defendant A failed to pay to Nonparty A the amount of KRW 242,851, and KRW 707 as of September 30, 2012. Accordingly, Nonparty A demanded the Plaintiff to pay the insurance money on the ground of the payment for the goods of Defendant A on November 2012. On December 27, 2012, the Plaintiff paid KRW 180 million to Nonparty Company.
[Reasons for Recognition] Defendant A and C: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)