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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 209,673,030 and KRW 207,088,190, as to the Plaintiff’s KRW 207,08,190.
Reasons
1. Basic facts
A. On June 10, 2014, the Plaintiff entered into each performance guarantee insurance contract (hereinafter “each of the instant guarantee insurance contracts”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), with the amount of KRW 176,64,00,000, and KRW 50,000,000, the insured Co., Ltd. (hereinafter “Defendant A”) on October 15, 2014, and jointly and severally guaranteed the obligation under the said guarantee insurance contract that Defendant B and C bears against the Plaintiff.
B. When concluding each guarantee insurance contract of this case, where the Plaintiff did not perform an agreement with the insured and the Plaintiff paid the insurance proceeds to the insured, the Defendant A paid the insurance proceeds to the Plaintiff immediately, but if delayed, paid the delayed payment in addition to the delay interest rate set by the Plaintiff.
C. However, Defendant A paid KRW 176,664,00 on August 18, 2015 as insurance proceeds, and KRW 30,424,190 on September 10, 2015, totaling KRW 207,08,08,190 (= KRW 30,424,190) on the construction of Shee Co., Ltd., as Defendant A did not discharge the principal obligation (i.e., KRW 176,64,00).
The overdue interest rate applied by the Plaintiff is 6% per annum from the day following the payment of insurance proceeds to 30 days, 9% per annum from the following day to the service date of a copy of the complaint of this case, and 15% per annum from the following day to the day of full payment, and 2,584,840 won for final delay damages incurred until October 21, 2015.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally provided for in the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. with respect to KRW 209,673,030 (=207,088,190 won 2,584,840 won) and KRW 207,088,190 from October 22, 2015 to January 27, 2016, which is the last delivery date of the copy of the complaint of this case against the Defendants from the following day to the day of full payment.