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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 825,08,497 and KRW 106,565,919 among them, from January 12, 2018, and from January 15, 159.
Reasons
1. Basic facts
A. From October 197, Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a tax payment guarantee insurance contract with F Co., Ltd. (hereinafter “F Co., Ltd.”) to guarantee the payment of national taxes to be paid by the Defendant C Co., Ltd. to E Co., Ltd., (hereinafter “the Plaintiff et al.”) during the period from October 25, 1997 to January 25, 1998 (the period extended after May 25, 1998) and submitted it to G Co., Ltd. with an insurance policy with the above contents as a guaranty insurance policy, and around December 12, 1997, Defendant C Co., Ltd entered into the insurance policy with the insurance coverage amount of KRW 300,000,000, and the insurance period of KRW 165,000,000, and from December 198, 197 to the execution guarantee insurance policy with the content of G Co., Ltd. as above.
B. According to each of the above guarantee insurance contracts, when the Plaintiff pays the insurance proceeds due to the occurrence of the insurance accident, Defendant C was required to immediately compensate the Plaintiff for the insurance proceeds, and to pay damages for delay in accordance with the overdue interest rate set by the Plaintiff within the maximum overdue interest rate out of the ordinary loan interest rate in commercial banks from the following day to the full payment date of the insurance proceeds.
C. H, Defendant D Co., Ltd, and Defendant E jointly and severally guaranteed all the obligations owed by Defendant C to the Plaintiff at the time of entering into each guarantee insurance contract as above.
After that, on February 28, 1998, the Plaintiff caused an insured incident for which Defendant C delayed the payment of national taxes and the payment of goods, and the Plaintiff paid KRW 165,00,000 as insurance money under the above guarantee insurance contract, and KRW 159,226,97 as insurance money under the above guarantee insurance contract, to G Co., Ltd. on March 27, 1998, respectively, and collected KRW 34,478,922 out of the insurance money paid thereafter, and collected KRW 34,478,922 out of the principal amount of the insurance money paid under the above guarantee insurance contract.