구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Basic Facts
A. On April 12, 1995, the Plaintiff (the Korea Guarantee Insurance Co., Ltd.) entered into a guarantee insurance contract with the Defendant on the condition that, under the joint and several guarantee of B, the Plaintiff and the Defendant would pay the insured amount by setting the insurance amount of KRW 13,970,00, and the insurance period from April 1, 1995 to March 31, 1998, if the Defendant did not pay the installment amount to be borne by the Defendant pursuant to the automobile installment sales contract entered into with the Hyundai Motor, the Plaintiff would pay the Defendant the said obligation on behalf of the Defendant (hereinafter “instant guarantee insurance contract”).
B. At the time of the conclusion of the instant guarantee insurance contract, where the Plaintiff did not pay the above installment amount to the insured, the Defendant agreed to pay the Plaintiff the insurance amount paid by the Plaintiff, 14% per annum for the period exceeding 30 days from the day following the date of payment, 14% per annum for the period exceeding 30 days, and 30 days by adding the delay interest rate set by the Plaintiff within the maximum overdue interest rate
C. The Defendant delayed the repayment of the above installment, and the Hyundai Motor claimed insurance money to the Plaintiff. Accordingly, the Plaintiff paid KRW 12,91,026 to the Hyundai Motor on October 27, 1995.
On March 14, 1996, the Plaintiff filed a lawsuit against the Defendant and B seeking reimbursement under the instant guarantee insurance contract with the Gwangju District Court 96Da10169, and on May 28, 1996, the said court rendered a judgment on May 28, 1996 that “The Defendant and B jointly and severally with the Plaintiff KRW 13,140,51, and KRW 12,991,026, an amount equivalent to 18% per annum from November 27, 1995 to the date of full payment,” and the said judgment became final and conclusive around that time.
(2) The Plaintiff’s claim against the Defendant (hereinafter “the Plaintiff’s claim for judgment in a prior suit”).
On December 6, 2005, the Plaintiff’s claim for the judgment of the previous suit.