beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 122,367,122 and KRW 120,00,000 among them, from September 4, 2014.
Reasons
1. Facts of recognition;
A. On July 1, 2013, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Cheongdong Agricultural Co., Ltd. (hereinafter “Cheongdong Agricultural Co., Ltd.) in order to guarantee the obligation to pay goods to which the Cheongdong Co., Ltd. supplied from the new Cheongsung Agricultural Co., Ltd. (hereinafter “Cheongdong Co., Ltd.”). On the same day, the Defendants jointly and severally guaranteed the obligation to compensate the Plaintiff as the Cheongsung Agricultural Co., Ltd. according to the instant performance insurance contract.
B. Since then, there occurred an insured incident against a new Cheongsung Agricultural Cooperative, which did not pay the price for goods to the new Cheongsung Agricultural Cooperative, and the Plaintiff paid KRW 120,000,000 insurance money to the new Cheongsung Agricultural Cooperative, the insured under the instant guarantee insurance contract on June 5, 2014.
C. On the other hand, as of September 3, 2014, the principal and interest of the Plaintiff’s claim for reimbursement against the Young belt corporation under the instant guarantee insurance contract are KRW 122,367,122 in total (i.e., principal KRW 120,00,000 in delay damages of KRW 2,367,122 in total), and the fact that the overdue interest rate under the instant guarantee insurance contract was 15% per annum from September 4, 2014 is no dispute between the parties.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, purport of whole pleadings
2. According to the above facts of determination, the Defendants, as joint and several suretys of the instant guaranteed insurance contract, are obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate from September 4, 2014, which is the day following the date of calculating the final damages for delay, with respect to the total amount of KRW 122,367,122, and the principal amount of KRW 120,000,000, among them.
3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.