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1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 50,00,000 and the same shall be jointly and severally applied to the Plaintiff from July 29, 2015 to August 27, 2015.
Reasons
1. Facts of recognition;
A. In order to secure the obligation to pay the goods to be supplied by Nonparty A (hereinafter “Defendant A”) and fishery products, etc., Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a guarantee insurance contract with the Plaintiff and the insured with the content that the mobilization industry, the purchase amount of insurance, the insurance amount of KRW 50,000,000, and the insurance period from June 20, 2014 to June 19, 2015 (hereinafter “instant guarantee insurance contract”), and Defendant B and C jointly and severally guaranteed the Plaintiff’s liability for indemnity that Defendant A bears against the Plaintiff.
B. Defendant A did not perform the obligation to pay the price for the goods to the mobilization industry. Accordingly, the mobilization industry claims insurance proceeds to the Plaintiff on July 3, 2015, and the Plaintiff paid KRW 50,000,000 as insurance proceeds to the mobilization industry on July 28, 2015.
C. The rate of damages for delay applied by the Plaintiff is 6% per annum from the day following the date of payment of insurance money to 30 days, 9% per annum from the next day to the 60 days, and 15% per annum from the next day to the day of full payment.
On April 8, 2015, Defendant C sold to Defendant D real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant sales contract”); and on July 6, 2015, Defendant D completed the registration of ownership transfer as to the instant real estate as the receipt of receipt No. 37049 on July 6, 2015.
[Grounds for Recognition: Entry of Evidence No. 1-5 No. 1-1-5 and the purport of the whole pleadings]
2. According to the facts of the determination as to the claim against Defendant A, B, and C, Defendant A is the principal debtor, and Defendant B and C are jointly and severally and severally a joint guarantor to the Plaintiff for the amount of KRW 50,000,000 as the amount of indemnity, from July 29, 2015 to August 27, 2015, the day following the payment date of insurance money, 6% per annum, 9% per annum from the following day to October 26, 2015, and all thereafter are repaid.