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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 184,370,776 and KRW 176,702,369, as to the Plaintiff’s KRW 176,702,369.
Reasons
1. Basic facts
A. At the time of concluding a contract for the supply of petroleum products between Defendant C Co., Ltd. (hereinafter “Defendant Company”) and E Co., Ltd. (hereinafter “E”), the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the policyholder company, the insured E, the insurance amount of KRW 200,00,000, and the insurance period from June 20, 2017 to June 19, 2019, in order to secure the payment of credit goods. Defendant D jointly and severally guaranteed the said guarantee insurance contract for the Defendant Company.
B. In the instant guarantee insurance contract, when the Plaintiff pays insurance money to the insured, the Defendant Company agreed to immediately compensate the Plaintiff for the insurance money, and, if such payment is delayed, to pay damages for delay in addition to the interest rate publicly notified by the Plaintiff. The overdue interest rate for the Plaintiff is 6% per annum from the date following the payment of insurance money to 30% per annum, 9% per annum from the next day to June 30, 2018, 12% per annum from the next day to June 30, 2018
C. The Defendant Company paid KRW 196,894,320 as insurance money to E on January 19, 2018 due to the Defendant Company’s failure to pay goods to E, and thereafter, the Defendant Company repaid total KRW 20,191,951 to the Plaintiff.
As of June 30, 2018, the Defendant Company’s obligation to the Plaintiff for reimbursement as of June 30, 2018 is the principal amount of KRW 176,702,369 (=196,894,320 - 20,191,951), overdue interest of KRW 7,68,407, and KRW 184,370,776.
【Ground for Recognition】 With respect to Defendant Company: Confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act) (Article 208(3)2, and Article 150(3) of the Civil Procedure Act)
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally serving the Plaintiff with a principal of KRW 184,370,776 and KRW 176,702,369, which is the following day of the above base date, on July 1, 2018, and on November 19, 2018.