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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 43,210,636 and KRW 42,365,926 from October 20, 2015.
Reasons
1. Basic facts
A. Defendant A entered into a contract between the Plaintiff and the insured to guarantee the payment of credit goods price (hereinafter “instant guarantee insurance contract”) by setting the insurance period from May 1, 2014 to April 30, 2015.
B. At the time of concluding the instant guarantee insurance contract, Defendant B jointly and severally guaranteed the Defendant A’s obligation under the said guarantee insurance contract within the scope of KRW 100,000,000.
C. According to the instant guarantee insurance contract, when the Plaintiff pays the insurance proceeds due to Defendant A’s failure to perform his/her obligation, Defendant A shall immediately redeem the insurance proceeds, but if delayed, the damages for delay calculated by multiplying the insurance proceeds by the interest rate applied to the damages for delay publicly notified by the Plaintiff shall be paid.
On July 21, 2015, the Plaintiff paid KRW 63,836,916 of the insurance money to the insured on July 21, 2015, upon Defendant A’s nonperformance of contract, and received KRW 21,470,990 among them.
E. The interest rate applicable to delay damages publicly notified by the Plaintiff is 6% per annum from the following day to 30 days, 9% per annum from the following day to 90% per annum, and 15% per annum from the following day to the delivery day of a copy of the complaint of this case, and accordingly, the interest rate applicable to delay damages under the guarantee insurance contract of this case is 835,710 won per annum from October 19, 2015.
[Ground for Recognition] Defendant A: The fact that there is no dispute over Defendant B: Each entry in Gap evidence Nos. 1 through 5 (including paper numbers), and the purport of the whole pleadings
2. Determination
A. Article 3(2) of the Digital Signature Act to determine the cause of the claim provides that “where a certified digital signature exists, the relevant digital signature is signed, sealed, or sealed by the Signatory, and it shall be presumed that the content thereof has not been changed after the digital signature was affixed thereto,” and Article 18-2 of the same Act provides that “A person is himself/herself using an authorized certificate under other Acts