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1. The Plaintiff:
A. The defendant limited, A, and B are jointly and severally 203,945,205 won and 200,000,000 won among them.
Reasons
1. Basic facts
A. The Defendant Limited Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a guarantee insurance contract (payment) between the Plaintiff and the insured by setting the insurance period from December 1, 2012 to November 30, 2014.
Defendant A, B, C, and D guaranteed the obligation related to the above guarantee insurance contract, and Defendant C and D guaranteed the partial joint and several liability amounting to KRW 100,000,000.
B. According to the above guarantee insurance contract, when the Plaintiff pays insurance money to the insured due to the Defendant Company’s failure to perform its obligation, the Defendants shall immediately pay the insurance money to the insured, but if delayed, the damages for delay shall be added. The damages for delay shall be calculated by calculating the number of delayed days on a one-day basis from the day after the date of payment of insurance money to the date of full payment 365, and then multiplying the damages for delay publicly notified by
The interest rate applicable to delay damages publicly announced by the Plaintiff is 6% per annum from the date following the date of payment of insurance proceeds to 30 days, 9% per annum from the following day to the 60th day, and 15% per annum from the following day to the delivery
C. Upon the occurrence of an insured event due to the Defendant Company’s failure to comply with the agreement, the insured claimed insurance proceeds to the Plaintiff, and the Plaintiff paid KRW 200,000,000 to the insured on November 28, 2014.
The agreed damages for delay from November 29, 2014 to February 26, 2015 on the above indemnity amount of KRW 200,000,000 are 3,945,205 won in total.
[Ground of recognition] Defendant Limited Corporation, C: Each entry in Gap evidence Nos. 1 through 5 (including branch numbers), as a whole, defendant A, B, and D: Each confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act)
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant company, A, and B shall jointly and severally serve as the plaintiff 203,945,205 won in total as the principal and damages for delay of the amount of indemnity and the principal 200,000 won in total.