beta
(영문) 수원지방법원 2015.12.16 2014가단536949

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 118,661,086 and KRW 58,591,779 from March 6, 200 to October 204.

Reasons

1. Facts of recognition;

A. On November 17, 1997, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the debt of the loan to be borne by the Defendant Co., Ltd. (hereinafter “Defendant Co.”), and Defendant B jointly and severally guaranteed all the debt to be borne by the Defendant Co., Ltd. in accordance with the said

B. The Defendant Company caused a credit guarantee accident on November 20, 199, and the Plaintiff subrogated for KRW 103,617,808 of the principal and interest of the loan to Choung Bank on March 6, 200.

C. On November 9, 2004, the Plaintiff filed a lawsuit against the Defendants for the claim of indemnity amount with Seoul Central District Court Decision 2004Da151068, and rendered a final judgment that “The Defendants jointly and severally paid to the Plaintiff 104,784,588 won and 103,617,808 won among them, 17% per annum from March 6, 2000 to October 2, 2004, and 20% per annum from the next day to the day of full payment” (hereinafter “prior judgment”), and the above judgment became final and conclusive.

The amount of KRW 45,026,029 out of the principal of the subrogated payment ordered payment in the preceding judgment was recovered, and the amount of KRW 60,010,867 was incurred from the date of subrogation for the amount of recovery to the date of recovery, and the amount of KRW 97,70 was disbursed by the Plaintiff as the cost for preserving the claim for reimbursement.

[Reasons for Recognition] With respect to Defendant 1: Confession (Article 208(3)2 of the Civil Procedure Act); the fact that there is no dispute against Defendant 2; each entry of evidence Nos. 1 and 2 (including the provisional number); and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendants shall jointly and severally pay to the plaintiff 118,661,086 won (=58,591,779 won (=103,617,808 won - 45,026,029 won) for the fixed delay damages of 60,010,867 won (=97,700 won - 39,260 won) and 58,591,779 won out of the amount of provisional payment [17% per annum from March 6, 200 to October 2, 2004] and 17% per annum from the next day to the date of full payment.