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1. Defendant B and C jointly and severally with the Plaintiff KRW 222,529,438 and any of them
(a) For KRW 172,529,438, 2017
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “B”) mainly engaged in food manufacturing and sales business, etc., and its representative director was Defendant C’s husband (see, e.g., the third side of the preparatory document dated January 17, 2018), who resigned on July 15, 2016, and Defendant C was the representative director, and Defendant C was the auditor.
(See Evidence No. 4). (b)
The Defendant B Co., Ltd. (hereinafter “F”) concluded a performance guarantee insurance contract between the Plaintiff and the Defendant for the sale of goods.
B) As a result, F entered into a contract with Defendant B for the supply of food materials (see Evidence 2-5, Evidence 2-2, and evidence 2-6, 2-2, 2017). The Plaintiff (hereinafter “Plaintiff”) entered into a contract with Defendant B and Defendant C on June 2, 2017 for the supply of food materials, etc. from Defendant B and Defendant C, from April 1, 2017 to March 31, 2018, and the payment of the purchase price is not possible, the Plaintiff Company entered into a contract for the performance guarantee insurance for the payment of the purchase price to F, including the following contents, within the limit of 50,000,000 won as the cycle of paying the purchase price of the credit goods, and Defendant C jointly and severally guaranteed the obligation of Defendant B:
(See Evidence No. 2-1 of the Guarantee Insurance Agreement (see Evidence No. 2-2 of the Act). (1) Where a company (hereinafter referred to as "insurance accident") pays insurance proceeds to the insured (including F) due to failure to perform its obligations or obligations guaranteed by the company (limited to the Plaintiff Company) by the company (hereinafter referred to as "insurance accident"), the principal and the guarantor (limited to the defendant C) shall immediately pay the insurance proceeds, but where delay is delayed, the payment shall be made in addition to the damages for delay in paying the insurance proceeds.
(2) The plaintiff company shall calculate the number of delayed days on a daily basis, counting the insurance money to be paid from the day following the payment date of insurance money to the day on which the full payment is made.