구상금
1. The Defendant’s KRW 21,102,490 as well as the Plaintiff’s annual rate from December 18, 2013 to September 21, 2015, and the following.
The defendant, who operated the gas station located in C at the time of delivery of the judgment on the cause of the claim, concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "Seoul Guarantee Insurance") to guarantee the payment of credit goods to D (hereinafter referred to as "D") for the payment of credit goods to D, and the plaintiff jointly and severally guaranteed the obligation that the defendant will bear according to the above contract.
The defendant received a letter of guarantee from Seoul Guarantee Insurance (Securities Number E) and delivered to D and supplied oil, but did not pay the price. D claimed insurance money to Seoul Guarantee Insurance, and the Seoul Guarantee Insurance paid KRW 18,00,000,000 on May 9, 2013.
Since then, Seoul Guarantee Insurance requested the Plaintiff to perform the joint and several liability obligation and the Plaintiff subrogated for KRW 21,102,490 of the indemnity amount incurred until December 18, 2013 to the Seoul Guarantee Insurance.
[Ground of recognition] In light of the fact that there is no dispute, Gap 1 through 2 (including additional numbers), and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff the indemnity amount of KRW 21,102,490 and 5% per annum as prescribed by the Civil Act from December 18, 2013 to September 21, 2015, the original copy of the instant payment order was served on the defendant from September 21, 2015; 20% per annum from the next day until September 30, 2015; and 15% per annum from the next day to the date of full payment, as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
The defendant's assertion as to the judgment of the defendant is alleged to the effect that the plaintiff demanded a certain portion of the operating profit of the gas station and voluntarily guaranteed and the claim for reimbursement is unjustifiable, but there is no evidence to acknowledge it, and the above assertion is not accepted.
Thus, the plaintiff's claim is accepted as reasonable.