구상금 등
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the claim for a principal lawsuit is revoked, and that part is revoked.
1. In the first instance court’s trial scope, the Plaintiff claimed 10,000,000 won for indemnity and 7,500,000 won for loans and delay damages against the Defendant, and the Defendant claimed 60,000,000 won for loans and delay damages against the Plaintiff. The first instance court ruled that only part of the Plaintiff’s claim for indemnity is accepted, and all of the remainder of the claim for counterclaim and the Defendant’s counterclaim are dismissed.
In regard to this, the Defendant appealed the portion of KRW 58,00,000 among the part against which the Defendant lost (the portion of KRW 2,000,000 against the claim of the principal lawsuit). However, the Plaintiff appealed only the portion of KRW 8,00,00 and the portion of the damages for delay pertaining to the claim of KRW 8,00,00 among the part against which the Plaintiff lost, which is limited to the portion of the claim of the principal lawsuit and the part of the claim of the Defendant
2. Basic facts
A. The Plaintiff and the Defendant were shareholders of E Co., Ltd. (hereinafter “E”), and D were shareholders of E and the representative director.
B. On December 14, 201, the Plaintiff and the Defendant, together with D, set the guarantee limit of 30,000,000,000, and the guarantee period from December 11, 201 to December 11, 2020, jointly and severally guaranteed all obligations (hereinafter “the principal obligation of this case”) such as the product price, bill obligation, etc., to be currently and subsequently borne by E to F Co., Ltd. (hereinafter “F”).
(hereinafter referred to as the “joint and several sureties of this case”).
F applied for provisional seizure of real estate against the Plaintiff, Defendant, and D with the claim based on the joint and several guarantee of this case as the preserved right, and this Court rendered a decision of provisional seizure of real estate owned by the Plaintiff, Defendant, and D as of December 6, 2013 (hereinafter “decision of provisional seizure”). D.
On June 22, 2015, the Plaintiff deposited KRW 30,000,00 as the provisional seizure release amount to revoke the execution of provisional seizure according to the decision of provisional seizure of this case (hereinafter “the deposit”).
Grounds for recognition: dispute.