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1. As to Defendant A, B, and C’s joint and several liability amounting to KRW 45,00,000 and KRW 15,000,000 among them, Defendant A, B, and C’s joint and several liability amounting to KRW 45,00.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a performance guarantee insurance contract (hereinafter “each of the instant performance guarantee contracts”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), as follows, and Defendant B and C jointly and severally guaranteed the Defendant Company’s obligations under each of the instant performance guarantee contracts.
The first insurance: March 2, 2012; 30,00,000 won of insurance coverage; the insurance period from February 1, 2012 to April 30, 2012; the second insurance for the insured Co., Ltd.; the insurance amount: March 20, 2012; the insurance amount of KRW 30,000,000; the insurance amount of KRW 30,000,000; the insurance period from March 1, 2012 to May 31, 2012; the insured Co., Ltd. Epid; the insured Co., Ltd.
B. On February 1, 2012, with respect to the instant first performance guarantee contract, an insurance accident occurred on February 1, 2012, and the Plaintiff paid KRW 15,000,000 to senior stock company on October 23, 2012.
In addition, in relation to the second performance guarantee contract of this case, the insurance accident occurred on May 31, 2012. On October 24, 2012, the Plaintiff paid KRW 30,000,000 of the insurance money to Lee Pad Co., Ltd.
C. The damages for delay determined by the Plaintiff under the instant performance guarantee contract are 6% per annum from the date following the date of payment of insurance proceeds until 30 days, 9% per annum from 31 to 90 days, and 15% per annum from the following day.
On June 29, 2012, Defendant B, the representative director of the Defendant Company, sold to Defendant D the real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 283,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on July 19, 2012 by the Seoul Central District Court Branch Registry No. 35052.
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2. According to the facts of the judgment on the Plaintiff’s claim for indemnity, for the Plaintiff’s total amount of KRW 45,000,000 and KRW 15,000,000, the Defendant Company, Defendant B, and C jointly and severally, and for the Plaintiff, from October 24, 2012 to November 22, 2012, the day following the payment of insurance money under the first performance guarantee contract.