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1. The Defendants are jointly and severally liable to the Plaintiff for 137,50,000 won and 6% per annum from June 25, 2015 to July 24, 2015.
Reasons
1. Facts of recognition;
A. On April 29, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract for supply of part of the parts between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor by June 25, 2014; the remainder by July 10, 2014; and the supply of part other than 1.25 million won (value-added tax separate) with the payment; and upon entering into a contract for supply of part other than ec Bank (hereinafter “instant supply contract”), 10% of the contract amount; and the amount including value-added tax shall be delivered to the Plaintiff’s Intervenor. However, if the Defendant Company fails to perform all or part of the terms of the instant supply contract, the contract deposit belongs to the Plaintiff’s Intervenor as a penalty for breach of contract; and the ownership of the deposit is not affected by the Plaintiff’s Intervenor’s claim for damages.
B. On the same day, as stipulated in the instant supply contract, the Defendant Company entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, setting the insured amount of KRW 137,50,000 as the Plaintiff’s Intervenor, the purchase price of insurance, and the insurance period from April 29, 2014 to August 10, 2014. When the Defendant Company fails to perform the contract without justifiable grounds, it would guarantee the obligation owed to the Plaintiff’s Intervenor (hereinafter “instant insurance contract”).
C. In the instant insurance contract, where the Defendant Company did not perform its obligation or obligation against the Plaintiff’s Intervenor (hereinafter “insurance accident”), the Plaintiff paid the Plaintiff’s insurance proceeds to the Plaintiff’s Intervenor, the Defendant Company immediately reimburses the amount equivalent to the insurance proceeds paid by the Plaintiff, and if so, the Defendant Company shall pay damages for delay calculated by adding damages for delay at the rate publicly notified by the Plaintiff from the day following the date of payment of insurance proceeds to the day of full payment
Defendant B and C respectively are the Defendant Company according to the instant insurance contract.