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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 22,462,025 and KRW 20,708,866 among them, from January 1, 2016 to October 8, 2016.
Reasons
1. Facts of recognition;
A. On April 22, 2013, the Plaintiff entered into an insurance contract with Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) for the insured; the content of guarantee is as follows: a contract bond under a construction contract entered into with Defendant A; the amount of insurance coverage is KRW 22,00,000; the insurance period is as from April 19, 2013.
6. By the end of 20.20. A performance guarantee agreement (hereinafter “instant guarantee insurance agreement”) was concluded, and Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff pursuant to the instant guarantee insurance agreement.
B. On May 27, 2013, C filed a claim with the Plaintiff for insurance proceeds of KRW 22,00,000 on the ground of the Defendant’s nonperformance of the remodeling construction contract, and the Plaintiff paid KRW 20,708,866 to C on April 17, 2015.
C. According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor is obliged to pay the amount of the performance of the guaranteed obligation, damages at the interest rate as determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and penalty
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendants are jointly and severally liable to pay 22,462,025 won for indemnity to the Plaintiff who has jointly and severally paid the insurance proceeds under the instant guarantee insurance agreement (i.e., 1,753,159 won for delay calculated by 12% per annum from the day after the date of payment of the insurance proceeds for performance of KRW 20,708,866 until December 31, 2015) and damages for delay calculated by 12% per annum from January 1, 2016 to October 8, 2016, which is the date of final delivery of the copy of the complaint of this case, to pay damages for delay at each rate of 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.