구상금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,459,565 and KRW 36,208,312 from November 18, 2003 to August 2004.
1. According to Gap evidence Nos. 1-1 and 2-2 as to the part of the claim for the extension of extinctive prescription, the plaintiff filed a lawsuit against the defendants as Seoul Central District Court 2003da452207 (hereinafter "pre-appeal") and on October 22, 2004 with the above court "(i) the defendants shall jointly and severally pay to the plaintiff 36,459,565 won and 36,208,312 won from November 18, 2003 to August 10, 2004; and (ii) the costs of lawsuit shall be borne by the defendants with 20% interest per annum from the next day to the date of full payment; and (iii) the above judgment can be recognized as being jointly and severally liable for the extension of extinctive prescription from the above court to 36,459,565 won to the plaintiff; and (iv) the defendants shall be jointly and severally liable for the extension of the extinctive prescription period from 36,501 to 208.4.5%
2. As to the part on the claim of the 1,966,817 won by subrogation
A. The Plaintiff asserted that the Plaintiff spent KRW 2,168,767 as expenses incurred in taking measures to preserve claims for the collection of the above claim for reimbursement, such as “the details of the payment and recovery of payment by subrogation,” and collected KRW 201,950 among them, and sought payment of KRW 1,966,817 as the remainder of KRW 1,96,817.
First, this paper examines the substitute payment incurred before the date of closing argument in the previous suit ( October 8, 2004).
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5, when the plaintiff failed to repay the principal and interest of loan to the financial institution at the time when the plaintiff entered into a credit guarantee agreement and joint and several guarantee agreement with the defendants on June 15, 202, and the plaintiff performed the guaranteed obligation, the principal debtor and the joint and several surety shall be the plaintiff (1).