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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the period from September 28, 2017 to October 27, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an agency contract with the Defendant Limited Company A (a limited company B; hereinafter “Defendant A”) and the insured EL Plus Co., Ltd., the insurance period from March 9, 2013 to December 31, 2013, and KRW 50,000,000 under an agency contract with the amount of insurance coverage as KRW 50,000.
Defendant C and D jointly guaranteed the obligation under the above payment guarantee insurance contract that Defendant A bears to the Plaintiff.
B. At the time of the conclusion of the above guarantee insurance contract, Defendant A, if an insured incident occurred due to nonperformance of the principal contract with the insured, paid the insurance proceeds to the insured immediately, but if delayed, paid the insurance proceeds by adding damages for delay from the day following the date of payment of insurance proceeds to the day of full payment
The rate of damages for delay applied by the Plaintiff shall be 6% per annum from the day following the date of payment of insurance proceeds to 30 days, 9% per annum from the next day to the 60th day, and 12% per annum from the next day to the day
C. On September 27, 2017, ELS Co., Ltd. claimed insurance money against the Plaintiff on the ground of the occurrence of the insured event under the said guarantee insurance contract. On September 27, 2017, the Plaintiff paid KRW 50,000,00 as the guaranteed insurance money to ELS Co., Ltd.
[Ground of recognition] between the Plaintiff and the Defendant A: Each entry in the evidence Nos. 1 through 6, the purport of the entire pleadings, and between the Plaintiff and the Defendant C: Article 150(3) of the Civil Procedure Act, and Article 150(1) of the Civil Procedure Act:
2. Determination
A. According to the above facts of recognition, the Defendants jointly and severally paid to the Plaintiff KRW 50,00,00,00 as guaranteed insurance money, and for this, 6% per annum, which is the agreed delay damage rate, from September 28, 2017 to October 27, 2017, which is the day following the payment of guaranteed insurance money, and Defendant C, from October 28, 2017 to November 23, 2017, is clearly recorded.