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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 382,949,728 and KRW 218,319,024 among them, from October 21, 2018 to May 5.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded three performance guarantee insurance contracts as follows (hereinafter “each of the instant performance guarantee insurance contracts”), Defendant D, and E jointly and severally guaranteed the Defendant Co., Ltd’s liability for reimbursement against the Plaintiff.
Table 1: Serial Nos. 1: F 1F 282,439,852, from the date of October 26, 2018 to the date of August 26, 2018.09, Party A1-2, 32 H 139, G 125,061, May 16, 2018 to November 30, 2018, Party B2-2, 33 I, G 197,406,003, July 03, 2018, to the effect that the advance payment guarantee was guaranteed, and Party A3-2,3-2,3-2,3 of the advance payment guarantee that was returned from the date of the pre-payment guarantee.
B. Upon the occurrence of an insurance accident due to delinquency in paying the price of the Defendant Company, G Co., Ltd. (hereinafter “G”) claimed insurance money to the Plaintiff pursuant to each performance guarantee insurance contract of this case, and the Plaintiff paid KRW 381,070,478 of the insurance money as follows.
Table 2: (1) Nos. 15,343,402 A1-63, 2742-5 No. 386,863, 1183-5, 3818-5, 2018-26, October 26, 2018, 15, 15,343, 402 A-63, 201-63, 263, 2019-2, 15, 270,47888 of Table 1-2, 386, 863, 1183-5, 183-5, 388 of Table 1, 2018, 263, 2019.
C. According to each of the instant performance guarantee insurance contracts, if the Plaintiff pays the insurance proceeds to the insured upon occurrence of an insured event, the Defendants are obligated to pay the Plaintiff the insurance proceeds and the insurance proceeds therefrom at the overdue interest rate publicly notified by the Plaintiff from the following day (6% per annum from the day following the payment of the insurance proceeds until 30 days, and 9% per annum from the
The calculation of damages for delay of KRW 1,879,250 is as follows:
Table 3: The calculation formula of calculating the amount of insurance proceeds paid (30 days) and the amount of the principal of the insurance proceeds paid (30 days): Principal ¡¿ 30 days/365 days x 1218, 319, 024 x 2/1218, 319, 024 x 6% x 6% x 6% .