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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 41,689,610 and KRW 41,343,014 from June 8, 2018 to July 12, 2018.
Reasons
1. Basic facts
A. On November 21, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a guarantee insurance contract with the Plaintiff for the payment guarantee of the purchase price of goods on credit pursuant to the goods supply contract entered into with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), between the Plaintiff and the insured, with the amount of insurance coverage of KRW 120 million, and the insurance period from November 7, 2017 to April 30, 2018.
(hereinafter “instant guarantee insurance contract.” According to the instant guarantee insurance contract, in the event the Plaintiff paid the insurance money due to the Defendant Company’s failure to perform its obligations, the Defendant Company immediately pays the insurance money, but the Defendant Company agreed to pay damages for delay calculated at the interest rate determined by the Plaintiff (6% per annum from the day after the date of payment of the insurance money to 30 days, and 9% per annum from the next day to 60 days), and the Defendant C guaranteed the Defendant Company’s obligation to the Plaintiff under the instant guarantee insurance contract.
B. As the Defendant Company did not perform its duty to pay the price for the non-party product under the main contract, the non-party Company filed a claim with the Plaintiff for the payment of insurance proceeds. On April 24, 2018, the Plaintiff subrogated for KRW 41,343,014 with the non-party company.
C. The final delay damages for the Defendant Company from April 25, 2018 to June 7, 2018 are KRW 346,596.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 10 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the facts found in the above determination, the Defendants’ act of finding the amount of KRW 41,689,610 (i.e., principal KRW 41,343,014; KRW 346,596; KRW 346,596) and the principal amount of KRW 41,343,014 as to the Plaintiff pursuant to the instant guarantee insurance contract (i.e., the agreed interest rate of KRW 9% from June 8, 2018 until July 12, 2018; and (ii) the agreed interest rate of KRW 9% from the following day to May 31, 2019.