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1. The Plaintiff:
A. As to Defendant A’s KRW 48,809,408 and KRW 47,797,820 among them:
B. Defendant B and C are Defendant A.
Reasons
1. On February 6, 2013, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant A with regard to the performance of liability for payment, such as gas user fees, etc. that Defendant A owes to Samcheon-ri during the period from February 6, 2013 to February 5, 2015, with the amount of insurance coverage of KRW 60,000,000, the insured worker Samcheon-ri Co., Ltd., and the insurance period from February 6, 2013 to February 5, 2015.
According to this, if Defendant A fails to perform the obligation to the insured and the Plaintiff pays insurance proceeds to the insured, Defendant A shall pay to the Plaintiff the insurance proceeds and delay damages (the interest rate shall be 6% per annum from the 30th day following the date of the payment of insurance proceeds to the 30th day after the date of the payment of insurance proceeds, 6% per annum from the following day to the 60th day after the
Afterward, Defendant A claimed insurance money against the Plaintiff by failing to perform his/her duty to Samcheon Co., Ltd., and on September 29, 2014, the Plaintiff paid KRW 57,564,460 of the insurance money to Samcheon-ri Co., Ltd. according to the instant guarantee insurance contract.
At the time of the instant guarantee insurance contract, Defendant B and C guaranteed the above obligation to Defendant A within the limit of KRW 52,00,000, respectively. At the time of the said joint and several liability, even if the policyholder (Defendant A) or other joint and several guarantors partly repay the obligation, the partial joint and several liability guarantor shall bear the liability for the guarantee according to the following details: (i) the remaining principal obligation is liable for the total amount of the partial joint and several liability guarantee when the partial joint and several liability exceeds the partial joint and several liability guarantee amount; and (ii) the remaining principal obligation is liable for the guarantee for the remainder
After that, the Plaintiff received reimbursement of KRW 9,766,640 out of the said subrogated amount and became 47,797,820 won, and the final delay damages incurred by December 28, 2014 were 1,01,588 won.
【Unsatisfied facts, Gap evidence Nos. 1-7, and each number is numbered.