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1. The Defendants jointly and severally committed against the Plaintiff as to KRW 242,265,40 and KRW 240,958,291 among them, from December 24, 2014.
Reasons
1. Basic facts
A. On April 17, 2014, the Plaintiff entered into a guarantee insurance contract (payment) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to guarantee payment for the construction cost of energy-saving facilities in accordance with a standard investment contract and performance distribution plan entered into by the Defendant Co., Ltd. (hereinafter “non-performance”) with the Defendant Co., Ltd., for the purpose of guaranteeing payment for the construction cost of energy-saving facilities according to the D Investment Contract and performance distribution plan, the insured was non-performance; the purchase price of insurance was KRW 248,30,000; the insurance period was from April 1, 2014 to December 30, 2016 (hereinafter “instant guarantee insurance contract”); and the Defendant Co-sureties guaranteed the Defendant Co-sureties’s obligation under the said guarantee insurance contract.
B. According to the instant guarantee insurance contract, when the Plaintiff paid insurance money to the insured, the Defendant company and the joint guarantor shall pay the Plaintiff the overdue interest rate set by the Plaintiff within the maximum of the overdue interest rate among the general loan interest rates in commercial banks from the day following the date of payment of the insurance money paid by the Plaintiff to the day of full payment of the insurance money (in the case of the instant guarantee insurance contract, 6% per annum from the day following the date of payment of the insurance money until 30 days from the day following the date of payment of the insurance money, 9% per annum from the next day to 90 days
C. On April 29, 2014, the guaranteed claim of the instant guaranteed insurance contract was transferred to the Defendant Company, which is the policyholder, with the consent of the Defendant Company, and was notified to the Plaintiff.
Then, on June 23, 2014, the Defendant Company filed a claim against the Plaintiff for the payment of insurance proceeds on the ground that the insured event stipulated in the instant guarantee insurance contract occurred. On November 21, 2014, the Plaintiff paid the insurance proceeds of KRW 240,958,291 to the Eff Capital.
E. Payment of the above insurance proceeds as of December 23, 2014