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(영문) 부산지방법원동부지원 2017.09.22 2017가합101569

구상금

Text

1. Defendant A, B, C, and D jointly and severally with the Plaintiff KRW 270,192,317 and KRW 89,648,392 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) On April 15, 2002, the Plaintiff was granted loans of KRW 300,000,000 from the Busan Bank, and KRW 185,000,000 on April 20, 202. As to each of the Defendant A’s respective loans, the Plaintiff concluded a credit guarantee agreement with the Busan Bank on May 19, 2003 at KRW 255,000,000, and the term of guarantee was extended from April 7, 2006 (which was extended from April 9, 2004), and the amount guaranteed on April 20, 200 to KRW 157,30,00,000, and the term of guarantee was 20,000 on April 207, 207. The Plaintiff paid the indemnity for joint and several surety by the Plaintiff as to each of the above credit guarantee agreements with the Plaintiff on April 20, 2003.

The plaintiff paid KRW 2,155,300 to the legal procedure cost, and the additional guarantee fee for the guarantee of April 20, 2002 was KRW 30,140.

3) On May 23, 2006, the Plaintiff filed a lawsuit against Defendant A, B, C, and D, etc. In May 23, 2006, the Busan District Court rendered on May 30, 2007 that “Defendant A, B, C, and D shall jointly and severally pay to the Plaintiff 325,487,572 won and 323,302,132 won per annum from May 4, 2006 to August 3, 2006; 16% per annum from the next day to September 1, 2006; and 20% per annum from the next day to the date of full payment” (hereinafter “compensation”).

(4) After the judgment of indemnity, the Plaintiff recovered KRW 233,653,740 from Defendant A, B, C, and D, etc.

Accordingly, according to the judgment of indemnity amount, the amount that the said Defendants is liable to reimburse to the Plaintiff is KRW 89,648,392 ( KRW 323,302,132 - KRW 233,653,740) and the amount of final delay damages of KRW 180,543,924 (based on March 7, 2017), totaling KRW 270,192,317, and the amount of subrogated payment of KRW 89,648,392.