beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 230,515,432 as well as the period from December 17, 2013 to January 15, 2014.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”).
A) On August 27, 2012, under the joint and several sureties of Defendant B, C, D, E, and F, Defendant A’s DNA Korea Co., Ltd. (hereinafter “Adivers Korea”).
() A performance guarantee insurance contract for the securities number G, insured IDS Korea, insurance amounting to 700 million won, insurance period from July 22, 2012 to July 21, 2013 (hereinafter “instant performance guarantee insurance contract”) in order to secure the performance of the goods payment obligation for the goods (hereinafter “instant performance guarantee insurance contract”).
(2) On November 16, 2012, after the conclusion of the instant performance guarantee insurance contract, the Plaintiff and Defendant A entered into a performance guarantee insurance contract with the securities number H, the insured ID Korea, the insurance amount of KRW 200 million, and the insurance period from November 5, 2012 to November 4, 2013 in order to secure the same performance guarantee obligation for Defendant A’s DNA Korea.
3) After that, Defendant A did not perform the obligation to pay the price of goods, ASEAN Korea filed a claim for the payment of insurance proceeds of KRW 70 million under the performance guarantee insurance contract of this case on October 24, 2013, and KRW 56,348,54, totaling KRW 756,344, according to the performance guarantee insurance contract of November 16, 2012, and KRW 756,348,544, which was paid on November 16, 2012. The Plaintiff calculated KRW 63,638,669, excluding non-guaranteed damages, and interest interest interest for 8,045,571, totaling KRW 641,684,240,00 in total from the day following that of the above claim to the Plaintiff by 10% of the insurance proceeds under the performance guarantee insurance contract of this case, until 19,80,746,294, etc. 196, respectively.
【Defendant A, B, C, and F’s ground for recognition】 The Civil Procedure Act.