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1. The Defendants shall jointly and severally serve as the Plaintiff 274,315,986 won and the period from October 29, 2005 to October 4, 2006.
Reasons
1. Following the facts of recognition are: (a) there is no dispute between the Plaintiff and the Defendant Company A (hereinafter “A”) or may be recognized by comprehensively taking account of the overall purport of the pleadings in the entries in subparagraphs 1 and 2; and (b) there is no dispute between the Plaintiff, Defendant B and C pursuant to Article 150 of the Civil Procedure Act.
A. On June 2005, the Plaintiff entered into a contract of performance guarantee insurance with Defendant A, the insured Hanil Construction Co., Ltd. (hereinafter “Korea-Japan Construction”), from June 29, 2005 to August 30, 2007, and from June 29, 2005 to August 30, 2007, under the joint and several guarantee of Defendant B, C, etc. (hereinafter “instant guarantee insurance contract”).
B. On October 28, 2005, upon the request of Hanil Construction, the Plaintiff repaid KRW 274,315,986 to Hanil Construction in subrogation of the Defendant A as a performance of the guaranteed insurance obligation stipulated in the instant guaranteed insurance contract.
C. The overdue interest rate that Defendant A agreed to comply with in the instant guarantee insurance contract is 19% per annum after the date of payment by subrogation.
The plaintiff filed a lawsuit against the defendants on the claim for the amount of subrogated amount as Busan District Court Decision 2006Kadan101034, and was ruled in favor of the above court on November 17, 2006 that "the defendants jointly and severally held to the plaintiff 274,315,986 won and the amount at the rate of 19% per annum from October 29, 2005 to October 4, 2006, and 20% per annum from the next day to the date of full payment." This was confirmed on December 14, 2006.
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 274,315,986 won and 19% interest per annum from October 29, 2005 to October 4, 2006 and 20% interest per annum from the next day to the day of full payment.
B. On December 5, 2014, the summary of the Defendant A’s assertion is as follows.