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The Defendants jointly and severally liable to the Plaintiff for KRW 100,493,150 and KRW 100,000 among them, from April 4, 2020 to June 28, 2020.
Reasons
1. Basic facts
A. On August 22, 2018, Defendant C Co., Ltd. (hereinafter “Defendant D”) concluded a basic contract on the trade of imported meat with F Co., Ltd. (hereinafter “F”), and agreed to provide F with the guarantee insurance policy issued by the Plaintiff as security of the payment guarantee for the price of credit goods under the said basic contract.
B. Defendant D entered into a guarantee insurance contract (securities number G; hereinafter “instant guarantee insurance contract”) with the Plaintiff on or around March 14, 2019; the content of the guarantee is the payment guarantee for credit goods under the said basic contract; the insured is F; the insured is KRW 100 million; the insurance period is from March 14, 2019 to March 12, 2020; and when the insured event occurred due to Defendant D’s failure to perform the contract with F; and the Plaintiff pays the insurance amount to F, Defendant D shall immediately compensate the insurance amount; if delayed payment, Defendant D shall be deemed one year and 365 days from the following day of the payment date of the insurance amount to the day of full payment; and the Defendant provided a joint and several surety obligation of Defendant D based on the instant guarantee insurance contract with the Plaintiff by calculating the number of days per day from March 14, 2019 to the day of full payment; and the Defendant provided a joint and several surety guarantee for the Plaintiff under the instant guarantee insurance contract.
Meanwhile, the overdue interest rate determined by the Plaintiff is 6% per annum from the day following the Plaintiff’s payment date to 30 days, 9% per annum from the following day to the service date of a copy of the complaint, and 12% per annum from the following day to the day of full payment.
C. Defendant D did not perform a contract with F and caused an insurance accident, and F claimed insurance money based on the guaranty insurance policy issued by the Plaintiff. On March 4, 2020, the Plaintiff paid KRW 100 million insurance money to F.
The plaintiff's claim for indemnity as of April 3, 2020 includes the principal and interest of 100,493,150 won and damages for delay incurred from April 4, 2020 for insurance proceeds.
[Grounds for recognition] There is no dispute, and Gap's 1 through 1.