구상금
1. Of the judgment of the court of first instance, the amount of KRW 4,790,733,908 to the Plaintiff jointly and severally with the co-defendant A of the first instance trial.
1. Facts of recognition;
A. On July 31, 1995, the Plaintiff entered into a corporate bond insurance contract with 5,560,000,000 won, the insurance period from August 5, 1995 to August 5, 1998 (hereinafter “instant guarantee insurance contract”), and the Defendant and the co-defendant A of the first instance trial jointly and severally guaranteed the liability for indemnity against the Plaintiff under the instant guarantee insurance contract.
B. The Plaintiff subrogated for KRW 5,040,000 in total from November 5, 1996 to August 5, 1998 under the instant guarantee insurance contract.
C. The Plaintiff filed a lawsuit with the Seoul Central District Court for the payment of the principal and interest, etc. (hereinafter “instant claim”). On November 12, 2003, the said court rendered a favorable judgment against the Plaintiff to the effect that “the Defendant shall jointly and severally pay the Plaintiff the principal amount 2,892,366,507 won and damages for delay as indicated in the separate sheet,” and the said judgment became final and conclusive around that time.
Meanwhile, the Seoul Central District Court approved the repayment plan according to the decision to commence the company reorganization procedure as the Seoul Central District Court No. 96Ma6432, and the plaintiff reported the claim of this case.
After the closing of argument in the previous suit, the claim in this case was converted into equity on April 1, 2005, and KRW 833,155,577 out of the claim in this case was repaid, and KRW 1,695,496,692 out of cash 7,810,83,43, and 433, which was repaid on October 31, 2006, was repaid as principal and interest of the claim in this case.
E. In addition to the above company reorganization procedure, the Plaintiff received repayment of KRW 6,803,820 on the same day, 1,054,344 on December 14, 2004; KRW 15,79,571 on May 3, 2006; KRW 6,803,820 on the same day; KRW 1,054,344 on the same day; KRW 620 on July 14, 2006; KRW 4,569,69,690 on March 24, 2009; KRW 10,000 on October 7, 2010; and KRW 9,060 on June 20, 201.
[Ground for Recognition] Unsatisfy, A No. 1.