구상금
Of the instant lawsuit, the conjunctive claim is dismissed.
The plaintiff's primary claim is dismissed.
The costs of lawsuit.
Facts of recognition
A. The Plaintiff was a representative director from the Defendant’s establishment to November 4, 2013.
B. MMMME decided to carry out the business of constructing, managing, and operating a waste incineration and ancillary facilities on 11 m38,34 m2, such as Macheon-si, etc. (hereinafter “instant business”). While participating in the instant project as a contractor, MMME guaranteed the obligation of loans from financial institutions such as the new bank, etc. in relation to the implementation of the instant project.
C. Meanwhile, on May 11, 2007, 2007, Dusan Construction concluded a business agreement with the Defendant and D in which the Defendant and D participate as a partner in the instant project (hereinafter “instant business agreement”) and agreed to perform the said obligations by sharing the said obligations at the rate of 2:4 in cases where Dusan Construction and the Defendant and D are liable to repay the debt guarantee to a new bank, etc.
As the project of this case ceased to be an issue of authorization and permission, the new bank, etc. urged IMS to repay the debt incurred in relation to the project of this case, which is the principal debtor, but IMS did not have sufficient means to repay the debt.
E. Accordingly, when the new bank, etc. demanded the repayment of the debt to the Dusan Construction, the Dusan Construction, the Dusan Construction confirmed the obligation to share the debt pursuant to the instant business agreement with the Defendant on March 11, 2011, and agreed to adjust a certain ratio of the debt (hereinafter “instant agreement”), and the Plaintiff jointly and severally guaranteed the debt owed by the Defendant with the Dusan Construction in accordance with the instant agreement.
F. The Plaintiff, as a joint and several surety of the Defendant, subrogated for KRW 1,635,862,905, out of the Defendant’s share in the construction of Twosan.
[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3 (including each number, hereinafter the same shall apply) and Eul evidence 1, 2 and 4.