구상금
1. The Plaintiff:
A. Defendant B’s KRW 46,496,506 and interest rate of KRW 15% per annum from October 9, 2015 to the date of full payment.
1. Determination as to the cause of claim
A. Facts of recognition 1) D around 2006, Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).
(2) On January 17, 2008, the Plaintiff and the Defendants jointly and severally guaranteed the obligation under the above contract with Defendant B and Defendant C, the husband of the Plaintiff, and jointly and severally guaranteed the obligation under the above contract for the Seoul Guarantee Insurance. D around January 17, 2008, the Seoul Guarantee Insurance and its insurance period was extended. The Plaintiff and the Defendants also jointly and severally guaranteed the obligation under the above modified contract for the Seoul Guarantee Insurance under the above modified contract.
3) The Seoul Guarantee Insurance Co., Ltd paid KRW 131,804,00 to the Gongju-si on the ground that D did not perform its duty to restore to its original state upon conversion. After that, the Seoul Guarantee Insurance paid KRW 131,80,000 to the Gongju-si. On April 8, 2013, Daejeon District Court Decision 2013Kadan1384, which was rendered a favorable judgment by filing a claim for indemnity against the Plaintiff and the Defendants. 4) The Plaintiff subrogated the Seoul Guarantee Insurance Co., Ltd. for the total amount of KRW 139,489,520 by January 21, 2015.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings
B. According to the above facts of recognition, the Plaintiff paid all the indemnity liability for the Seoul Guarantee Insurance by the Plaintiff on behalf of the Plaintiff, and as such, the Defendants were jointly and severally and severally liable, so the Defendants are liable to pay the amount corresponding to their respective share of liability to the Plaintiff.
When one of several joint and several sureties has repaid the total amount of the debt or the part of his/her liability, he/she may claim reimbursement for the other joint and several sureties, and the internal apportionment ratio of the joint and several sureties shall be the same unless there
Therefore, the amount of the guaranteed debt to be borne by the Defendants as joint and several sureties = 139,489,520 x 1/3.