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1. Defendants B, C, and D shall jointly and severally serve as KRW 180,000,000 on the Plaintiff and as from April 27, 2018.
Reasons
1. Basic facts
A. On August 23, 2006, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) jointly and severally guaranteed by Defendant C and D on August 23, 2006.
B) In relation to the Defendant Company, the insured Company, the non-party company, the insurance coverage amount of KRW 180,000,000, and the insurance period of October 28, 2016 to October 27, 2018, the Defendant Company entered into a guarantee insurance contract for performance (sale of goods) and issued the guarantee insurance policy for performance (sale of goods) pursuant thereto (hereinafter “the instant guarantee insurance contract”).
(2) According to the instant guarantee insurance agreement, even before the Plaintiff pays the insurance proceeds, when the occurrence of the instant guaranteed insurance accident occurs, or the causes for registration of delinquency, subrogation, substitute payment, default, and information disturbing financial order as stipulated in the “Credit Information Management Rules” of the G Federation, the indemnity obligor shall bear the obligation of reimbursement in advance, and when the Plaintiff has paid the insurance proceeds to the insured, the indemnity obligor shall reimburse the amount paid at the interest rate determined by the Plaintiff from the day following the date of payment (Article 3(2), (3), and (4) of the Guarantee Insurance Agreement). The interest rate determined by the Plaintiff shall be 6% per annum, 9% per annum from the date following the date of payment of the insurance proceeds until the 30th day after the date of payment of the insurance proceeds, and 12% per annum thereafter.
B. The Defendant Company was unable to pay the amount of KRW 514,491,670, the face value issued and delivered to the Nonparty Company, the insured of the instant guarantee insurance contract, for the payment of goods payment obligations, and the bill as of February 28, 2018 on the payment maturity date. Upon Nonparty Company’s claim for insurance money, the Plaintiff paid KRW 180,000,000 to the Nonparty Company on April 26, 2018.
(c) the defendant.