구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination:
A. Unless there are special circumstances to determine the cause of the claim, the Defendant is jointly and severally liable with the Defendant Company and B to pay to the Plaintiff KRW 307,944,150 for indemnity related to the third insurance proceeds (i.e., the amount of KRW 22,40 for the payment of KRW 22,440 as of October 30, 2012, which is calculated as of March 13, 2013, and the principal amount of KRW 249,30,393 for the payment of principal and KRW 58,613,757 for the delayed payment of the principal calculated as of March 13, 2013, which is the date of delivery of the copy of the complaint of this case from March 14, 2013 to April 10, 2013, which is the date of delivery of the copy of the complaint of this case, to pay damages for delay calculated by the annual rate of 20% as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings from the next day
B. As to the Defendant’s assertion, the summary of the Defendant’s assertion (1) error, failure to explain, and assertion of unfair terms and conditions is that the instant guarantee insurance contract and joint and several guarantee contract do not include office fees regarding the scope of guarantee. As such, the Plaintiff, the Defendant, and the Defendant agreed with each other.
In such a case, it may be interpreted that both parties to a contract have the same content as the premise or basis of a contract and did not make a specific agreement thereon. Therefore, the content of a guarantee insurance contract should be revised in compliance with the intent of both parties.
or joint and several guarantee insurance contract of this case shall be revoked by mistake.
If office fees are included in the scope of guarantee of the instant guarantee insurance contract and joint and several sureties’s guarantee contract, the burden of the principal debt is much increased or expanded than in the event the joint and several sureties was anticipated. Therefore, the Plaintiff is obligated to clearly inform and explain such fact to the joint and several sureties.