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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 42,300,074 and KRW 41,481,804 among them, from August 8, 2014 to November 14, 2014.
Reasons
1. Facts of recognition;
A. On July 2012, the Plaintiff entered into a guarantee insurance contract (payment) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) to guarantee the payment of damages to be borne by the Defendant Company to D in accordance with the consignment operation agreement with D, the insurance amount of KRW 70 million, and the insurance period from July 23, 2012 to July 22, 2013.
B. At the time of the above agreement, when the Plaintiff pays insurance money to the insured, the Defendant Company paid the Plaintiff 6% per annum from the day following the payment of insurance money to 30 days from the day after the payment of insurance money, 9% per annum from the next day to the 60 days, and 15% per annum from
Defendant B and C jointly guaranteed the obligation to be borne by the Defendant Company to the Plaintiff according to the above insurance contract.
C. After the termination of the entrusted operation contract, D filed a lawsuit against the Defendant Company seeking damages under the entrusted operation contract under the above SP project by Seoul Central District Court Decision 2013Da12424, and the court rendered a judgment on September 11, 2013 that “the Defendant Company shall pay D KRW 90,065,811 and delay damages.”
Although the defendant company filed an appeal for the subsequent completion of the appeal, the appeal by the defendant company was dismissed on the ground that there was no ground to complete the appeal.
(Seoul Central District Court 2015Na8475). d.
On May 9, 2014, the Plaintiff paid insurance money of KRW 41,481,804 to D upon D’s request.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings
2. According to the facts found above, the Defendants jointly and severally agreed to the Plaintiff 42.42.2. the sum of KRW 41,481,804 insurance proceeds and damages for delay calculated at the rate of 6% per annum from May 10, 2014 to June 8, 2014 (41,481,804 x 6% x 30/365), and damages for delay calculated at the rate of 9% per annum from June 9, 2014 to August 7, 2014 (41,481,804 x 9% x 60/365).