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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 194,895,727 and KRW 91,125,580 among them, from December 30, 2013, and 10.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into each performance guarantee insurance agreement (hereinafter “each of the instant performance guarantee agreements”) with the Daegju Industry Co., Ltd. (hereinafter “Magsan Industry”), as follows. The Defendants jointly and severally guaranteed all of the obligations under each of the performance guarantee insurance agreements of the Daegju Industry.
(1) Securities number: C policyholder: The insurance period from April 25, 2013 to November 30, 2013: The insurance amount covered by 140,415,000 won: Contract deposit amount (2) under the supply contract: D policyholder: the insurance period of the YIG industry from May 21, 2013 to November 30, 2013: the insurance amount of the YIG industry: 280,830,000 won guarantee amount under the supply contract: the insurance amount of the YIG industry: the insurance amount of the YIG industry from May 21, 2013 to November 30, 2013: the details of guarantee under the supply contract.
B. According to each performance guarantee agreement of this case, where the plaintiff paid insurance money to the insured due to the occurrence of an insured incident, the plaintiff can claim damages for delay at the rate determined by the plaintiff from the day following the payment of insurance money to the day of full payment. The rate of damages for delay determined by the plaintiff is 19% per annum from August 23, 1999 to December 31, 2010 and 15% per annum from the next day to December 31, 2010.
C. On April 25, 2013, the mountain mountain industry entered into a contract for the production and installation work of SNCveyor Strurush (hereinafter “instant construction work”) from Mangsan Industries with the cost of construction KRW 1,404,140,000, and was paid KRW 280,830,000 in advance.
(1) On September 30, 2013, the Plaintiff paid KRW 140,415,00 insurance money to the Mangsan Heavy Industries in accordance with the instant performance guarantee insurance agreement (1). On October 2, 2013, the Plaintiff recovered KRW 49,289,420 on the same day. The insurance money was paid pursuant to the instant performance guarantee insurance agreement (2) on October 2, 2013.