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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 250,287,671 and KRW 250,000 among them, from May 28, 2015 to June 2015.
Reasons
1. Facts of recognition;
A. On November 21, 2013, the Defendant Company (hereinafter “Defendant Company”) entered into a service contract for the approval of credit card transaction and the automatic transfer of credit sales proceeds, and the use of the POS system (hereinafter “instant service contract”) with the Nonparty Company, on which November 21, 2013, the Defendant Company (hereinafter “Defendant Company”) was supported by the POS system and the FOS system equivalent to KRW 300,000 from the Nonparty Company. In order to secure the obligation to return subsidies under the instant service contract against the Nonparty Company, the Defendant Company entered into a performance guarantee insurance contract (hereinafter “payment guarantee insurance contract”) with the Plaintiff and the Plaintiff as the insured for securing the obligation to return subsidies under the instant service contract, from November 21, 2013 to November 20, 2014, and the Defendant Company guaranteed the Defendant Company’s obligation to the Defendant Company A’s joint and several surety.
B. The Defendant Company discontinued its business from December 2014, and the place of business was closed due to the third party’s exercise of lien due to financial difficulties, etc., the Nonparty Company terminated the instant service contract by deeming that it is difficult to recover subsidies. On May 20, 2015, the Plaintiff claimed insurance money from the Plaintiff, and paid KRW 250,000,000 to the Nonparty Company.
C. Under the instant guarantee insurance contract, the fixed delay damages incurred from May 27, 2015 from the day following the payment of insurance proceeds to May 27, 2015 are KRW 287,671, and the delay interest rate after May 28, 2015 stipulated in the said contract is 15% per annum.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, the purport of the whole pleadings
2. According to the allegations and the above facts of recognition, the Defendants jointly and severally committed against the Plaintiff KRW 250,287,671 as well as KRW 250,00,00 among them, on May 28, 2015, the agreement rate of KRW 15% per annum from May 28, 2015 to June 8, 2015, and from June 9, 2015 to September 2015.