1. The Defendants are jointly and severally liable to the Plaintiff for KRW 56,149,170 as well as KRW 52,864,350 as to the Plaintiff’s KRW 56,149,17.

Basic Facts

On April 6, 2015, Defendant A (hereinafter referred to as “Defendant A”) concluded a service contract (hereinafter referred to as “instant service contract”) with respect to the construction of the integrated information system (SI) between Sodrid Co., Ltd. (hereinafter referred to as “ Sodrid”) and Esal (SI) for the contract amounting to 352,429,000 won, and the period from April 6, 2015 to June 30, 2016.

On April 6, 2015, Defendant A entered into a guarantee insurance contract for performance (contract) of contract deposit under the instant service contract (hereinafter “instant insurance contract”) with the Plaintiff and the insured Sodrid, the insurance amount of KRW 52,864,350, and the insurance period from April 6, 2015 to June 30, 2016, and Defendant B jointly and severally guaranteed Defendant A’s obligations under the said insurance contract.

According to the insurance contract of this case, "if the plaintiff paid the insurance money to the insured by failure to perform the above defendant's obligation or obligation guaranteed by the plaintiff, the defendants shall immediately refund the insurance money, and if delayed, the damages for delay calculated by adding the damages for delay calculated in accordance with the interest rate applied to delay damages publicly notified by the plaintiff from the day after the date of payment of insurance money to the day after full payment." The rate of damages for delay applied by the plaintiff is 6% per annum from the day after the date of payment of insurance money to 30 days, and 9% per annum from

On February 5, 2016, 2016, Defendant A notified Defendant A of the termination of the contract and claimed insurance money against the Plaintiff on the ground that Defendant A breached the obligation of the instant service contract.

On July 5, 2016, the Plaintiff paid KRW 52,864,350 insurance money to Sodrid pursuant to the insurance contract of this case.

As of February 9, 2017, the final delay damages amounted to KRW 3,284,820.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, and 8 (including each number of partial headings), and all pleadings.