구상금
1. Of the part concerning the intervenor succeeding to the plaintiff in the judgment of the court of first instance, it falls under the following order to pay.
1. Basic facts
A. On May 18, 2011, E entered into an investment agreement between the Defendant Company and the Defendant Company, if E invests KRW 500 million in the Defendant Company, the Defendant Company allocated shares 28,055 to E, and paid dividends of at least KRW 15 million per month. In the event of the Defendant Company’s nonperformance, the Defendant Company entered into an investment agreement to return KRW 500 million to E (hereinafter “instant investment agreement”). At the time of the said investment agreement, the Plaintiff, Defendant C, and D jointly and severally guaranteed the Defendant Company’s obligation under the said investment agreement.
E paid 500 million won to the defendant company according to the above investment agreement.
B. However, Defendant Company failed to implement the above investment arrangement, such as not allocating agreed shares to E, and accordingly, the Plaintiff, as joint and several surety, returned KRW 200 million out of the above agreed investment amount to E on January 13, 2012.
C. On December 10, 2013, the Plaintiff filed the instant lawsuit against the Defendants for reimbursement of the reimbursement amounting to KRW 200 million. The succeeding intervenor received a claim amounting to KRW 500 million (Seoul Southern District Court 2014Gahap101744, Seoul Southern District Court 2014) from the Plaintiff while the instant lawsuit is pending, and filed an application for intervention in the first instance court of this case for the seizure and collection order (Seoul Central District Court 2014TT28230, No. 2030, Oct. 10, 2014, No. 1), and for the seizure and collection order (Evidence No. 20130, No. 2014, Nov. 21, 2014) against the said claim against the Defendant C and D, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including provisional number; hereinafter the same shall apply), Byung evidence 1 and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. If there are several joint and several sureties of the relevant legal principles, the creditor.