구상금
1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The defendant shall pay 158,654,798 won to the plaintiff.
2...
1. The following facts are recognized in full view of the contents of evidence A and the purport of the whole pleadings as to the facts acknowledged as Gap.
A. On February 7, 2005, the Defendant obtained a loan from B (hereinafter “B”) under a credit guarantee agreement concluded with the Plaintiff, and the Plaintiff subrogated for KRW 86,716,534 of the principal and interest of the loan to B as a credit guarantee accident occurred.
B. On April 28, 2008, the Plaintiff filed a lawsuit with the Busan District Court 2008Gadan59021 against the Defendant for the claim for reimbursement of the agreed amount of damages, which is the sum of KRW 86,716,534 of the subrogated amount, KRW 780,50 of the legal procedure cost, KRW 531,30 of the additional guarantee fee, KRW 531,30 of the aggregate of KRW 88,028,334 of the additional guarantee fee (== KRW 86,716,534 of KRW 780,50,500 of KRW 531,30 of the agreed amount) and among them.
C. On October 10, 2008, the above court rendered a judgment in favor of all plaintiffs that "the defendant shall pay to the plaintiff 88,028,334 won and 86,716,534 won among them, 14% per annum from June 5, 2007 to September 4, 2007, 16% per annum from the next day to May 2, 2008, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on November 4, 2008.
(hereinafter “instant final judgment”) d.
By March 16, 2018, the Plaintiff recovered KRW 37,561,940 out of the principal amount of subrogated payment to B after the final judgment of this case, KRW 86,716,534,00,000. The final delay damages for the amount of KRW 37,561,940 are KRW 42,649,642.
E. The Plaintiff filed the instant lawsuit to interrupt extinctive prescription of the claim established by the final judgment of the instant case.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff 92,335,536 won among the claims based on the final judgment of this case = 49,154,594 won with a balance of the principal amount subrogated = 42,649 won with a final delay in collecting part of the amount subrogated.