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1. The Plaintiff:
A. Defendant A and B jointly and severally agreed on KRW 80,072,942 and KRW 79,680,000 among them.
Reasons
1. Basic facts
A. On January 6, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a guarantee insurance contract with the Plaintiff as of November 19, 2008 and May 18, 201 with the insurance period extended on May 16, 201, with the insurance period extended on November 18, 201, for the purpose of guaranteeing the cost of restoration, after obtaining permission for conversion of a mountainous district on two parcels, Kimhae-si and Kimhae-si, and for guaranteeing the cost of restoration to the original state. Defendant B, C, and D jointly and severally guaranteed the said modified agreement.
B. After that, the Plaintiff received the claim for insurance money on the ground that the Defendant Company was notified of interim recovery from the place of permission for mountainous district conversion, and paid KRW 79,680,000 of the insurance money at the Kim Sea on August 27, 2014.
C. According to the above guarantee insurance contract, when the plaintiff pays the insurance money on behalf of the plaintiff, the defendant company and the guarantor agree to pay the insurance money on behalf of the plaintiff immediately. In the event of delay, the defendant company and the guarantor agreed to pay the amount equivalent to the overdue interest rate determined by the plaintiff within the maximum overdue interest rate among the overdue interest rates of financial institutions under the Banking Act from the day following the payment date to the day of full payment (6% per annum from the day after the payment date until 30 days from the day after the payment date, 9% per annum from the next day to 90
The damages for delay from the date following the payment date of the above insurance money to September 26, 2014 are KRW 392,942.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including each number), the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the following facts are related to the promotion of the lawsuit between the Plaintiff and the Defendant Company A and B, as to KRW 80,072,942 jointly and severally and 79,680,000 among them, from September 27, 2014 to November 6, 2014, which is the final delivery date of the copy of the complaint of this case.