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1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff to pay to the Plaintiff KRW 290,210,077.
Reasons
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract with the Kti Co., Ltd. (hereinafter “K”) on October 1, 2013, and was supplied with a mobile phone terminal from the Kti around that time.
B. As between the Plaintiff and the Plaintiff on September 25, 2013, Defendant A entered into a guarantee insurance contract for performance (payment) that covers the insured’s loss due to the failure to perform the liability for damages under the agency contract of a mobile network operator and the liability for the amount of credit goods on the part of a mobile network operator (hereinafter “instant guarantee insurance contract”) from September 1, 2013 to September 10, 2015.
Defendant A paid the insured amount due to the failure to pay the above obligation guaranteed by the Plaintiff at that time to the insured, the Plaintiff paid the amount of the insurance money to be paid and the damages for delay calculated at the rate of the Plaintiff’s interest (6% per annum from the day following the day of the payment of the insurance money to the day of full payment, 9% per annum from the day following the day of the payment of the insurance money, and 9% per annum from
The defendant C, the inside director of the board of directors, and the defendant D, who held 25% shares of the defendant A as a shareholder, had 25% shares of the defendant A, were jointly and severally guaranteed by the defendant A's obligation to the plaintiff according to the performance guarantee insurance contract of this case at that time.
C. On January 16, 2016, Kti terminated the above consignment agency contract on the ground of Defendant A’s nonperformance, and on the 22th of the same month, the Plaintiff claimed KRW 288,868,122 in total in accordance with the instant performance guarantee insurance contract from January 2015 to August 2015 as insurance money, and the Plaintiff paid KRW 288,008,681 as insurance money on March 11, 2016.
(a) Insurance money;