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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 96,681,090 and KRW 85,000 among them, from April 23, 2016 to May 2, 2016.
Reasons
1. (A) The Defendant Company A (hereinafter “Defendant Company”) entered into a goods transaction contract with Bosul household Co., Ltd. (hereinafter “ Bosul”), and entered into a guarantee insurance contract on December 12, 2012 with the Plaintiff for the guarantee of the payment of goods on credit (hereinafter “instant guarantee contract”), and Defendant B, C, and D jointly and severally guaranteed each of them.
(B) The Plaintiff paid 85,00,000 won of insurance proceeds on March 20, 2015 under the foregoing insurance contract, but the Defendants did not pay the above insurance proceeds. The Defendants seek payment to the Defendants at the rate of 12% per annum from April 23, 2016 to May 2, 2016, for the total of 96,681,090 won for the fixed delay damages up to April 22, 2016, and for the total of 11,681,090 won, and 85,000,000 won among them, from April 23, 2016 to May 2, 2016, which is the last delivery date of the application for change of the purport of the instant claim and cause thereof, and from the following day to the date of complete payment.
2. Judgment by service, based on which recognition of Defendant Company, Defendant C, and Defendant D is based (Article 208 (3) 3 of the Civil Procedure Act)
3. Determination as to the claim against the defendant B
A. According to the evidence evidence Nos. 1 to 8 of the judgment on the cause of the claim, when the defendant company entered into a contract for the transaction of goods with Boan and entered into the instant guarantee contract for the guarantee of the payment for credit goods, and the defendant B, C, and D respectively jointly and severally guaranteed this contract. The plaintiff paid the insurance money of 85,000,000 on March 20, 2015 under the above insurance contract but the defendant did not pay it. The plaintiff is 6% per annum from the day following the payment date to the 30th day of the insurance money, 60% per annum from the next day to the 90th day, 15% per annum from the next day to December 31, 2015, and 12% per annum from the next day to the date of full payment.
Therefore, barring any special circumstance, the defendant shall be the plaintiff.