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1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 21,939,720 and KRW 20,000,000 among them.
Reasons
1. Basic facts
가. 피고 주식회사 A(이하 ‘피고 회사’라 한다)는 2013. 12. 9.경 원고와 사이에 피고 회사의 SK 네트웍스 주식회사(이하 ‘소외 회사’라 한다)에 대한 외상물품대금채무의 지급보증을 위하여 보험가입금액 20,000,000원, 보험기간 2013. 12. 13.부터 2014. 12. 12.까지로 하는 내용의 이행(상품판매대금)보증보험계약(이하 ‘이 사건 이행보증보험계약’이라 한다)을 체결하였다.
At this time, Defendant B, the representative director of the Defendant Company, guaranteed all obligations under the Defendant Company’s performance guarantee insurance contract to the Plaintiff.
B. Around December 9, 2013, the Plaintiff issued a performance guarantee insurance policy with the foregoing content, thereby providing the performance guarantee insurance policy to the non-party company.
C. The non-party company did not pay the credit amount of KRW 23,809,104 to the Plaintiff as the Defendant Company did not pay the credit amount of KRW 23,809.
On August 28, 2014, the Plaintiff paid KRW 20,000,00 to the non-party company the insurance money under the instant performance guarantee insurance contract.
In entering into the instant performance guarantee insurance contract, the Defendant Company agreed to pay the insurance proceeds when the Plaintiff was not paid to the non-party company due to the failure of the Defendant Company to pay the insurance proceeds to the non-party company, and the overdue interest in accordance with the interest rate set by the Plaintiff within the scope of overdue interest rate in commercial banks from the following day of the payment of the insurance proceeds to the non-party company. The overdue interest rate set by the Plaintiff is 6% per annum from the following day of the payment of the insurance proceeds to the
Meanwhile, the overdue interest calculated by June 2, 2015 in accordance with the above overdue interest rate for KRW 20,000,000 is KRW 1,939,720.
E. On May 8, 2014, Defendant B entered into a gift agreement with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”).