구상금
1. The defendant shall pay to the plaintiff KRW 34,109,060 and KRW 26,219,231 among them, with the year from January 16, 2008 to December 11, 2008.
1. Basic facts
A. On February 26, 2004, the Plaintiff issued a credit guarantee certificate with the content of credit guarantee for KRW 49,300,000 of the guaranteed principal out of the principal and interest of loan to be repaid, which was granted a loan equivalent to KRW 58,00,00 from C, and the Defendant jointly and severally guaranteed the indemnity obligation against the Plaintiff under the credit guarantee No. 1 of this case.
B. On June 19, 2002, the Plaintiff issued a credit guarantee certificate providing credit guarantee for KRW 17,000,000 of the guaranteed principal among the principal and interest of loan to be paid by the Defendant by obtaining a loan equivalent to KRW 20,000,00 from C.
(hereinafter “instant secondary credit guarantee”). C.
On June 2, 2006, the Plaintiff issued a credit guarantee statement providing credit guarantee for KRW 25,500,000 of the guaranteed principal among the principal and interest of loan to be paid by the Defendant by obtaining a loan equivalent to KRW 30,00,000 from C.
(hereinafter referred to as the “third credit guarantee of this case”).
Around September 2006, Defendant and B lost profits due to their respective principal and interest of loans to C. The Plaintiff repaid KRW 45,202,465 to C, and KRW 32,969,002 to C according to the credit guarantee under Article 1 of the instant credit guarantee on May 30, 207. < Amended by Presidential Decree No. 20068, Jan. 16, 2008>
E. Around 2008, the Plaintiff filed a lawsuit against the Defendant and B with the Daejeon District Court 2008Kadan59190, which sought the performance of the obligation for indemnity arising from the subrogation against C under the credit guarantee under the first through third credit guarantee of this case, and on February 6, 2009, the above court rendered a judgment that on May 30, 2007, the Defendant and B jointly and severally with the Plaintiff for KRW 78,008,905 and KRW 45,187,725 as to KRW 32,632,252 as to KRW 32,632 as to KRW 15% per annum from January 16, 2008 to December 11, 2008, and 20% per annum from the next day to the day of complete payment.
(hereinafter referred to as “instant prior suit judgment”).