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1. As to Defendant A’s agricultural partnership and B’s joint and several liability to the Plaintiff for KRW 79,55,627 and KRW 77,765,851 among them, January 2016.
Reasons
1. Basic facts
A. Defendant A agricultural partnership (hereinafter “Defendant A”) concluded a guarantee insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on August 20, 2014 in order to guarantee the payment of the purchase price of credit goods with the Plaintiff, the insured, the non-party corporation, and the insurance period from August 20, 2014 to August 19, 2015 (hereinafter “instant insurance contract”).
B. The instant insurance contract was concluded by means of electronic contract through digital signature, and on the same day, Defendant B (the representative director of the Defendant corporation) and C respectively prepared a joint and several guarantee agreement with respect to the Plaintiff through digital signature using an authorized certificate to guarantee the obligations of the Defendant corporation under the instant insurance contract.
C. Since then, when the defendant corporation did not pay the sales amount to the non-party corporation, the non-party corporation filed a claim for the payment of insurance money with the plaintiff. On September 24, 2015, the plaintiff paid insurance money to the non-party corporation KRW 89,571,911.
According to the insurance contract of this case, when the plaintiff pays the insurance proceeds as an insured event, the defendants shall pay the insurance proceeds, and shall pay the insurance proceeds by adding the interest rate of arrears determined by the plaintiff (6% per annum from the date following the payment date of the insurance proceeds to the 30th day from the payment date of the insurance proceeds, 9% per annum from the next day to the 60th day from the payment date of the insurance proceeds, 15% per annum from the next day to December 31, 2015, and 12% per annum from the next day to the delivery date of the copy of the complaint, and 3% per annum from the next day
(Article III, Section 1, Section 2). (e) of the Agreement
Until the closing date of the instant pleading, the Defendants repaid KRW 11,806,060 out of the said payment amount to the Plaintiff.
However, 10,650 won among them shall be 2015.