구상금
1. The defendant shall pay to the plaintiff KRW 28,962,462 as well as KRW 16,740,561 among them, from March 1, 2016 to the day of full payment.
1. In full view of the overall purport of the pleadings in each entry in Gap evidence 1 through 7 (including paper numbers), the facts constituting the cause of the claim in the annexed sheet may be recognized;
According to the above facts, the defendant is obligated to pay the indemnity to the plaintiff according to the joint and several guarantee agreement.
Therefore, the defendant is obligated to pay to the plaintiff 28,962,462 won (12,221,901 won of the balance of the subrogated payment) and 16,740,561 won of the remainder of the subrogated payment to the plaintiff at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 1, 2016 to the date of full payment.
2. The defendant asserts to the effect that B, the principal debtor, is repaying obligations in the individual rehabilitation procedure.
However, there is no evidence to prove that the obligation against the plaintiff was repaid to the plaintiff B or the defendant beyond the amount recognized by the plaintiff himself. In addition to the repayment, the progress of the individual rehabilitation procedure against the principal debtor does not affect the rights of the joint and several sureties of the creditor. Therefore, the above argument by the defendant
3. The plaintiff's claim for the conclusion is justified and acceptable.