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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,066,460,581 and KRW 547,643,56 among them, from August 27, 1998 to September 2015.
Reasons
1. Facts of recognition [based on recognition: Defendant A, Defendant B - deemed confessions (Article 150 (3) and (1) of the Civil Procedure Act, Defendant C-No dispute over any part of the facts, entries in subparagraphs 1 through 5, and the purport of the whole pleadings;
A. The Plaintiff (formerly: Korea Guarantee Insurance Co., Ltd.) entered into a payment guarantee insurance contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) in order to provide the guaranty insurance policy as security for payment guarantee of business bonds, when the Defendant Co., Ltd. entered into an aviation transport agency contract with Nonparty Co., Ltd. (hereinafter “insured”).
Securities number policy holders insured amount covered by the insurance coverage period, D Defendant Company's 60,000,000 Won 1 August 1, 1991 to July 31, 1992
B. At the time of the conclusion of the above insurance contract, Defendant B and C jointly and severally guaranteed the entire obligation owed by the Defendant Company to the Plaintiff.
C. As the Defendant Company failed to perform a contract with the insured, the insured claimed insurance money based on the Plaintiff’s guaranty insurance policy, and accordingly, the Plaintiff paid KRW 561,906,79 to the insured on May 13, 1993.
On October 2, 2007, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court Decision 2007Da353902, and the Plaintiff filed a lawsuit against the Defendants, and is in a lawsuit to extend the prescription period of the instant claim based on the final judgment of the Seoul Central District Court 97Da303120, which the Plaintiff filed against the Defendants. On January 25, 2008, “The Defendants jointly and severally agreed with the Plaintiff to pay to the Plaintiff the amount of KRW 1,066,460,581 and the amount of KRW 547,643,566 per annum from August 27, 1998 to the date of full payment,” and the said judgment became final and conclusive on February 19, 208.
2. However, the Plaintiff filed the instant lawsuit in order to extend the prescription period of the above final judgment.