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1. The Plaintiff:
A. 1 Defendant A’s KRW 39,592,80 and 6% per annum from October 17, 2014 to November 15, 2014;
Reasons
1. Facts of recognition;
A. A. Around January 2013, 2013, the KSnet Co., Ltd. (hereinafter “KSnet”) entered into each of the following service agreements (hereinafter “each of the instant agreements”) with the parties to a contract with D, E, and Defendant A, who completed business registration for the operation of a gas station:
1) The Snet shall provide each contracting party with a credit card terminal free of charge and pay maintenance fees (Defendant A shall be 39,592,800 won, D shall be 35,193,600 won, and E shall be 32,94,000 won) in advance. (ii) where the credit card approval is not granted by more than the number of the credit cards agreed upon with the provided terminal, the Defendant A shall pay the “snet” to D, E, and Defendant A.
Where the unpaid amount exceeds a certain amount, each service contract of this case shall be terminated, and D, E, and Defendant A shall pay the amount stated in the performance guarantee insurance policy to the Knet.
B. On January 11, 2013, the Plaintiff entered into each performance guarantee insurance contract with Defendant A (the instant 1 guarantee insurance contract), D division (the instant 2 guarantee insurance contract), E and (the instant 3 guarantee insurance contract) on January 25, 2013, and each insurance period from January 1, 2013 to January 31, 2016, with the content that each of the instant respective guarantee insurance contracts guarantees the obligation to return advance payment maintenance fees under each of the instant respective insurance contracts (hereinafter “each of the instant guarantee insurance contracts”).
D, E, and Defendant A agreed to pay the Plaintiff the insurance proceeds and the delay damages calculated by applying the Plaintiff’s interest rate (6% per annum from the day following the payment date of the insurance proceeds until 30 days, 9% per annum from the next day to the next day, and 15% per annum from the next day to the day of full payment) if the Plaintiff pays the insurance proceeds at the time of entering into each guarantee insurance contract of this case.
C. Defendant B’s joint and several liability guarantee insurance contract of this case is concluded with Defendant A, D, and E.