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1. The Defendants jointly and severally committed against the Plaintiff KRW 60 million and the Defendants Company A from September 25, 2015 to September 2016.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd (hereinafter “Defendant A Co., Ltd.”) concluded a real estate charter agreement with a emittingN Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as a sub-contractor, with a view to guaranteeing the return of lease deposit under the said real estate charter agreement, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded an electronic contract with the Plaintiff, the insured, Nonparty Co., Ltd., the purchase amount of insurance amount of KRW 75,00,000, and the insurance period from October 28, 201 to October 27, 2016 (hereinafter “instant insurance contract”).
B. Around that time (Defendant B was on November 23, 201, and Defendant C was on November 24, 2011), with respect to the Plaintiff through digital signature using an authorized certificate issued by Defendant B and C, each joint and several surety agreement in the name of the above Defendants (hereinafter “each joint and several surety agreement of this case”) with the content that the said Defendants guarantee the obligations of the Defendant Company under the insurance contract of this case.
C. After the termination of the above real estate lease contract, the non-party company filed a claim with the Plaintiff for the payment of the insurance money under the instant insurance contract, and on September 24, 2015, the Plaintiff paid KRW 60 million insurance money to the non-party company.
According to the instant insurance contract, where the Plaintiff pays the insurance proceeds, the policyholder shall reimburse the Plaintiff with the insurance proceeds, and shall pay damages for delay calculated by applying the overdue interest rate set by the Plaintiff from the day after the date of payment of the insurance proceeds to the day of full payment. The overdue interest rate determined by the Plaintiff from the day after the date of payment of the insurance proceeds to January 22, 2016, the final delivery date of the instant complaint,
[Ground of recognition] O company, Defendant B: The facts without dispute, Gap evidence No. 1, Gap evidence No. 2-1, 2, 3, Gap evidence No. 3, and 4, Gap evidence No. 3, and defendant C: The purport of the whole pleadings is as follows: The confession of confession (the main text of Article 150(3) of the Civil Procedure Act).