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1. The Plaintiff:
A. As to Defendant B Co., Ltd and C’s joint and several liability amounting to KRW 647,824,087 and KRW 632,234,740 among them, respectively.
Reasons
1. Basic facts
A. 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)
() On July 25, 2016, the goods supply contract of which the Defendant B wishes to supply “H” to the Busan Tourism Corporation with the contract amount of KRW 839,80,000 (contract deposit of KRW 83,980,000) and the delivery period of which is set on January 21, 2017 (hereinafter “instant goods supply contract”).
(2) On December 19, 2016, the Busan Regional Procurement Service extended the delivery period of the instant goods supply contract to April 1, 2017 at Defendant B’s request.
3) Meanwhile, with respect to the instant goods supply contract, the Busan Tourism Corporation paid Defendant B KRW 335,920,000 for the first line on July 29, 2016, and KRW 251,940,000 for the second line on March 20, 2017. (B) The Plaintiff entered into a performance guarantee insurance contract with Defendant B in accordance with the instant goods supply contract and the Plaintiff’s performance guarantee insurance contract (hereinafter “each guarantee insurance contract of this case”) on three occasions in order to guarantee the duty to pay the contract deposit to Defendant B to the Busan Local Government Procurement Office and to return the advance payment to Busan Tourism Corporation as listed below (hereinafter “instant 1 through 3 guarantee insurance contract”). The Plaintiff entered into the performance guarantee insurance contract (hereinafter collectively referred to as “each guarantee insurance contract of this case”).
In addition, on March 15, 2017, the Plaintiff and Defendant B entered into a contract that changes the insurance period of the instant first guarantee insurance contract, the amount of the insurance coverage of the instant second guarantee insurance contract, and the insurance period.
Terms and conditions of guarantee insurance for the insured on July 26, 2016, the insured period of the insurance contract of KRW 83,980,000 from July 25, 2016 to January 21, 2017 (Amended: : 343,476,820 won (Amended: 345,731,170) the Busan Tourism Corporation’s payment guarantee for the contract deposit of KRW 83,480 from July 25, 2016 to July 25, 2016 (Amended: : 345,731,170; : : 345,731,170) the Plaintiff and Defendant 25,300 from July 27, 2016 to March 21, 2017 (Amended: : : 25, Jul. 25, 2016 to May 31, 2017).