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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 22,127,62 and KRW 22,094,956 among them.
Reasons
Facts of recognition
The Plaintiff entered into a performance guarantee insurance agreement with the Korea Agriculture and Food Trade Corporation and the insurance period from September 7, 2015 to September 6, 2016 (hereinafter “instant agreement”) and issued a guarantee insurance policy with the Defendant Company A (hereinafter “Defendant Company”). The said insurance policy was paid to the Korea Agriculture and Food Trade Corporation as the insured.
The overdue interest rate prescribed in the instant agreement is 6% per annum from the following day to the 30th day after the date of payment, and Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff under the instant agreement.
In accordance with the agreement of this case, the Plaintiff paid KRW 22,079,916 on September 12, 2016, and KRW 22,094,956 on September 21, 2016 to the Korea Agriculture and Food Trade Corporation, in total, KRW 22,094,956 on September 21, 2016.
[Grounds for recognition] According to Gap evidence Nos. 1 and 2-3-1, 2, 4-1, and 5-2 of evidence Nos. 5-1 and 5-2, and the defendants' obligations to pay indemnity amount, barring any special circumstance, Defendant B, a principal debtor under the agreement of this case, is jointly and severally liable to the plaintiff, and Defendant B, a joint and several surety, a joint and several surety, the principal debtor of the contract of this case, and the amount of insurance money paid 2,094,956 won and the amount of the above 22,079,916 won from September 13, 2016 to September 21, 2016, calculated at the rate of 6% per annum from the day following the payment date of the above insurance money to September 21, 2016, and the amount of delay damages calculated at the rate of 22,127,62 won per annum 22,94,956 won per annum from the day following the last payment date of the lawsuit.
The Defendants’ assertion against the Defendants are subject to the instant agreement with the Plaintiff.