1. The Defendants are jointly and severally liable to the Plaintiff for KRW 66,325,479 and KRW 66,00,000 among them, from May 12, 2019 to May 12, 2019.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for a construction project with D (hereinafter “D”) and entered into a guarantee insurance contract for the payment (payment) of the subcontract price (payment) between the Plaintiff and the insured, the insurance amount of KRW 66,00,000, and the insurance period from December 1, 2017 to September 30, 2018 (hereinafter “instant guarantee contract”).

Defendant C jointly and severally guaranteed the obligation of Defendant C to the Plaintiff.

B. According to the instant guarantee agreement, in the event that Defendant B’s insured event that Defendant B did not pay the subcontract price occurred, and the Plaintiff paid the insurance proceeds to the Plaintiff, the Defendants agreed to pay the insurance proceeds to the Plaintiff immediately, but if delayed, the Defendants agreed to pay the insurance proceeds to the Plaintiff by adding the damages for delay calculated by multiplying the number of delayed days by the interest rate publicly notified by the Plaintiff on a daily basis, counting the number of delayed days from the day following the payment date of the insurance proceeds

The Plaintiff’s interest rate applied to the instant guarantee agreement is 6% per annum from the date following the payment date of insurance money to the 30th day, and 9% per annum from the following day.

C. D claimed insurance proceeds on the ground that Defendant B did not pay the contract amount to the Plaintiff. On April 11, 2019, the Plaintiff paid KRW 66,000,000 insurance proceeds to D.

Under the instant guarantee agreement with respect to insurance money paid by the Plaintiff, damages for delay calculated from April 12, 2019 to May 11, 2019, the following day from April 12, 2019, shall be KRW 325,479 (if the amount is less than KRW).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. According to the above facts in determining the cause of the claim, Defendant B is obligated to pay the Plaintiff the indemnity amount under the instant guarantee agreement, and Defendant C is jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff. As such, the Defendants jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff, the amount of KRW 66,325,479 = KRW 66,00,000 insurance money.