구상금
1. The Defendant shall pay to the Plaintiff KRW 734,443,200 and the interest rate of KRW 15% per annum from September 1, 2017 to the day of complete payment.
1. Judgment on the ground of the plaintiff's claim
A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).
) Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as “Seoul Guarantee Insurance”).
) As between the insured and the insured, each of the insurance coverage agreements, 935,060,000 won, 935,060,000 won, d Securities Number D, insured-si, 1,883,14,000 won, 1,883,14,000 won, and performance (payment) guarantee insurance contracts with Securities Number E (the total of the above two guaranty insurance contracts).
2) The Plaintiff, Defendant, and F jointly and severally guaranteed all obligations under the instant contract for Seoul Guarantee Insurance.
3) After the bankruptcy of C, and the Seoul Guarantee Insurance paid insurance money under the instant contract at the time of benefitingsan. 4) The Plaintiff requested the performance of joint and several liability obligations under the instant contract from May 26, 2017 to June 2, 2017 by subrogation of KRW 2,203,329,600 in total in lieu of Seoul Guarantee Insurance Co., Ltd.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers), the purport of the whole pleadings
B. Determination 1) Where there are two or more joint and several sureties, each obligee shall have no separate benefit and each obligee shall pay the full amount of the obligation. However, in the internal relationship between the joint and several sureties, there is a portion of the charge which means a certain amount of money to share the source of the principal obligation with respect to the principal obligation. In other words, if there is any special agreement among them, they shall be subject to the equal ratio, as a matter of course, unless otherwise stipulated. Therefore, where one of the joint and several sureties has repaid his/her obligation in excess of his/her own share, other joint and several sureties may claim reimbursement against the other joint and several sureties (see, e.g., Supreme Court Decision 2007Da70155, Jun. 25, 2009) in light of the above legal principles.