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1. The Plaintiff:
A. Defendant B, as well as KRW 107,595,760, and as to this, from August 7, 2015 to August 17, 2015.
Reasons
1. The Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. for the purpose of securing advance payment pursuant to the goods supply contract.
The insured of the above performance guarantee insurance contract is the East Sea Technology Co., Ltd., the new industry Co., Ltd., the insurance amount of 110,000,000 won, the insurance period from May 25, 2009 to April 30, 2010, and the securities number is D.
When concluding the above performance guarantee insurance contract, the plaintiff, defendant C, and non-party E were jointly and severally guaranteed for the defendant company.
After that, when the defendant company failed to properly implement the goods supply contract, the Seoul Guarantee Insurance Co., Ltd. paid 85,000,000 won to the insured as insurance money, and applied for an auction on the real estate owned by the plaintiff who is a joint guarantor of the defendant company.
Accordingly, the Plaintiff paid to Seoul Guarantee Insurance Co., Ltd. KRW 107,595,760 on July 27, 2015, and acquired the claim for indemnity against the Defendants and E.
[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)
2. According to the above findings of determination, the Defendant Company, the principal debtor of the performance guarantee insurance contract, is obligated to pay to the Plaintiff the amount of KRW 107,595,760 for indemnity and the amount of KRW 5% per annum from August 7, 2015 to August 17, 2015, which the Plaintiff’s petition was served on the Defendant Company, and the amount of delay damages calculated at the rate of 15% per annum from the following day to the date of full payment. Defendant C, the joint guarantor of the performance guarantee insurance contract, is obligated to pay the amount of KRW 107,595,760 for the amount of KRW 35,865,253 (i.e., the amount of KRW 107,595,760 for indemnity and the amount of KRW 107,595,760 for the amount of KRW 760 for convenience of accounting ±3 ± from August 7, 2015 to the date of full payment).