구상금
1. The Plaintiff:
A. Defendant A and Taeyang Basic Development Co., Ltd. are jointly and severally 89,811,752 won and the same.
1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 4, and there is no counter-proof.
On January 20, 1995, the Plaintiff entered into a lease guarantee agreement between B and 92,403,290 won in guarantee period, and from January 20, 1995 to February 14, 200 in guarantee period (hereinafter “instant guarantee”). Defendant Taeyang Basic Development Co., Ltd. jointly and severally guaranteed all the indemnity obligations against the Plaintiff, and Defendant Boyang Basic Development Co., Ltd took over all the indemnity obligations against the Plaintiff on May 25, 1996. Defendant Bosung Port Co., Ltd. jointly and severally guaranteed the indemnity obligations the Defendant A acquired.
B. On July 23, 1996, the Plaintiff entered into a lease guarantee agreement between Defendant A and the guaranteed amount of KRW 174,214,40,400, and the guarantee period from July 23, 1996 to July 23, 2001 (hereinafter “instant guarantee”) and Defendant Taeyang Basic Development Co., Ltd and B jointly and severally guaranteed all the indemnity obligations against the Plaintiff.
C. B and Defendant A had a long-term arrears with the lease fee under the lease agreement, and the respective lease agreement was terminated on June 1, 1999. On August 22, 2000, the Plaintiff subrogated for KRW 376,244,060 to Korea Development Lease Co., Ltd.
Since then, the Plaintiff filed a lawsuit against B and the Defendants in Seoul Central District Court No. 2005Gahap73827, and the above court on March 30, 2006
A. As to Defendant A, Taeyang Basic Development Co., Ltd. and B, 155,802,152 won jointly and severally and with them, the amount calculated by applying 5% per annum from August 23, 2000 to March 14, 2006, and 20% per annum from the next day to the day of full payment, and the amount calculated by applying 20% per annum from March 15, 2006 to the day of full payment;
B. Defendant Bosung Port Co., Ltd. is jointly and severally liable with Defendant A.
89,811,752 out of the money stated in the subsection.