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1. The Defendants jointly and severally pay to the Plaintiff KRW 43,801,297 as well as KRW 42,953,987 among them, from August 26, 2011.
Reasons
1. Facts of recognition;
A. A. On July 2009, Defendant A entered into a performance guarantee insurance contract with the Plaintiff and the insured as “on the port-to-door distribution company (mutually modern IMM corporation, hereinafter “former Round”)”, “60 million won”, and the content of the insurance policy as “payment guarantee for damages arising from the consignment of the business on the part of the Plaintiff,” and on the same day, Defendant B guaranteed the Plaintiff’s obligation to the Plaintiff by the performance guarantee insurance contract as above.
B. Meanwhile, the above contract was terminated on April 30, 2010, while Defendant A entered into a logistics agency contract with Hyundai Housing and its contract period from July 1, 2009 to June 30, 201.
At the time, Defendant A had a total of 42,954,017 won including the rent, etc. on April 2010, but Defendant A did not pay it.
C. Accordingly, the Plaintiff paid KRW 42,954,017 on May 27, 201 in accordance with the performance guarantee insurance contract as above, and the Defendant A repaid KRW 30 to the Plaintiff.
The overdue interest rate under the above performance guarantee insurance contract is 6% per annum from the date following the payment date of insurance money to the 30th day, 9% per annum from the following day to the 90th day, and 15% per annum thereafter.
E. If the Plaintiff calculated damages for delay pursuant to the interest rate on delay as stated in the said paragraph at the principal amount to be claimed against Defendant A (42,953,987 won) (42,954,017 won - 30 won), the damages for delay up to August 25, 201 is the total amount of KRW 847,310 (if the amount is less than KRW 847,310).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 6-1 to 8, the purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally agreed on KRW 43,801,297 ( principal KRW 42,953,987 and KRW 847,310) and the principal amount of KRW 42,953,987 from August 26, 2011 to the date of full payment, etc.