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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 31,467,270 and KRW 31,266,830 among the Defendants, from November 17, 2016 to January 2017.
Reasons
1. Claim against Defendant A (hereinafter “Defendant Company”)
(a) Indication of claims: To be as shown in attached Form 1;
(However, in the Section 7 of Paragraph 2 of the cause of the claim, the defendant 2. B has jointly and severally guaranteed the obligation of indemnity against the plaintiff of the corporation A under the above Guarantee Insurance Agreement."
Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)
2. Claim against the defendant B
A. 1) In fact, the Plaintiff entered into a guarantee insurance contract for the performance (payment) with the Defendant Company’s insurance coverage amounting to KRW 95,00,000, and the insurance period from May 19, 2015 to May 18, 2017 (hereinafter “instant insurance contract”).
B) Upon entering into the instant insurance contract (electronic document), Defendant B, the representative director of the Defendant Company, at the time of entering into the said insurance contract, is indicated as joint and several sureties. On May 19, 2015, the Plaintiff confirmed all important descriptions of the said insurance contract agreement, joint and several sureties agreement, and joint and several sureties confirmation certificate at the beginning of 10:00:00,000, and thus, electronic signature was made by means of certification method through Defendant B’s authorized certificate. (C) On September 22, 2016, the Plaintiff received claims from Korea Electric Power Corporation for insurance money on the ground that the Defendant Company did not pay electrical charges from the Korea Electric Power Corporation, and paid KRW 31,26,830 as insurance money to the Korea Electric Power Corporation on October 11, 2016. According to Article 3 of the instant insurance contract, the policyholder and guarantor shall pay damages for delay in addition to the insurance money to the insured, and the damages for delay shall be calculated by multiplying the Plaintiff’s interest rate per day immediately after the payment date.