구상금
1. The Plaintiff:
A. As to Defendant A’s KRW 238,911,00 and KRW 116,939,732 among them:
B. Defendant B is Defendant A.
1. The facts set forth in the separate sheet of claim concerning the cause of the claim do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each set out in Gap evidence Nos. 1 and 2 (including additional numbers).
Therefore, the Defendants are obliged to pay the Plaintiff the money stated in Paragraph 1 of this Article.
2. Determination as to Defendant A’s assertion
A. The gist of the assertion is that the Plaintiff secured the security of KRW 650 million much than the actual debt of KRW 270 million against C Co., Ltd. (hereinafter “Nonindicted Company”) which is the primary debtor, and thus, it is unreasonable to claim the amount of indemnity against Defendant A, the guarantor.
B. As seen earlier, Defendant A’s joint and several liability for the amount of indemnity owed by the non-party Company A against the Plaintiff is as follows. Even if the joint and several liabilityer proves the fact that the principal obligor has the ability to repay and that its execution is easy, it cannot be asserted that the obligee first files a claim against the principal obligor and that the property should be executed (proviso of Article 437 of the Civil Act), and Defendant A’s assertion cannot be accepted.
3. The plaintiff's claim against the defendants is justified.