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1. The Plaintiff:
A. As to Defendant A, B, and C’s joint and several KRW 17,81,831,760 and KRW 4,486,529,710 among them.
Reasons
1. Facts of recognition;
A. On June 30, 1995, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant A Co., Ltd. (hereinafter “Defendant A”) with the content that the insured is the insurance amount of Samsung Electronic Co., Ltd., the insurance amount of KRW 2,200,000,000, and the insurance period from July 1, 1995 to June 30, 1998 (hereinafter “sale of goods”), and the Defendant B, C, and C, and G jointly and severally guaranteed the obligation that the Defendant Co., Ltd will bear against the Plaintiff.
B. The instant guarantee insurance contract was modified to increase the purchase price of the insurance to KRW 3,500,000 on August 4, 1995, and was changed to increase the purchase price to KRW 4,500,000 on September 21, 1995, and was changed to increase the purchase price to KRW 6,000,000 on January 18, 1996, and was changed to increase the purchase price to KRW 6,000,000 on August 30, 1996, and was changed to reduce the purchase price to KRW 5,00,000,000 on August 30, 1996. Defendant B, C, and C, and C, and G were jointly and severally guaranteed by the Defendant Company to the Plaintiff under the said modified guarantee insurance contract.
C. After that, the insurance accident occurred that the Defendant Company did not pay for the credit goods to Samsung Electronic Co., Ltd. on November 21, 1997, and the Samsung Electronic Co., Ltd claimed insurance money to the Plaintiff on February 3, 1998. The Plaintiff paid KRW 5,00,000,000 insurance money to Samsung Electronic Co., Ltd. on February 3, 1998.
The Plaintiff’s liability for indemnity against the Defendant Company under the instant guarantee insurance contract is the principal amount of KRW 17,811,831,760 as of April 23, 2013 (i.e., the principal amount of KRW 4,486,529,719 for delay damages of KRW 13,325,302,041).
E. On March 5, 2006, K died, and the first heir was the Defendant (Appointed Party), the first heir, H, I, and J. However, both the first heir and the second heir, who were the third heir, succeeded to the property by the Seoul Family Court Decision 2006Ra4708.
(f).