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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 46,207,592 and KRW 46,200,000 among them, from October 15, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant A Co., Ltd. (hereinafter “A”) concluded a performance guarantee insurance contract that allows the Defendant A to claim the return of the insurance money paid and the damages incurred therefrom, where the Plaintiff, the insured, to whom the Plaintiff would be forfeited, if the Defendant A would be subject to forfeiture of the construction contract amount due to the failure to complete the construction work within the agreed period of time in the region of the 4th group, including Gyeonggi-si C, etc. (hereinafter “instant construction”).
Serial Insured Insurance Co., Ltd. 1 insurance period from November 30, 2012 to July 29, 2013: “15,880,000 won” from December 31, 2012 to August 25, 2013 from August 3, 2013: “15,620,000 won” from December 31, 2012 to August 25, 2013 from December 31, 2012 to September 4, 2013
As above, Defendant B jointly and severally guaranteed the indemnity obligation that Defendant A owes to the Plaintiff.
C. On October 13, 2014, the Plaintiff received insurance claim from the Plaintiff’s Intervenor’s Intervenor’s natural engineering corporation for the reason that Defendant A failed to complete the construction, and paid the Plaintiff’s Intervenor the amount of KRW 4.9 million (the first guarantee insurance contract No. 1), KRW 1,588,000 (the second guarantee insurance contract No. 2), KRW 1,562,00 (the second guarantee insurance contract No. 3), and KRW 9.8 million (the second guarantee insurance contract No. 4), respectively, according to each of the above guarantee insurance contracts.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Determination:
A. The Defendants asserted that the Defendants did not have an insurance accident since Defendant A performed and completed all of the instant construction work. Therefore, the Plaintiff did not have any reason to pay the insurance money.