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1. The Defendant’s KRW 42,482,424 as well as 5% per annum from August 21, 2014 to June 1, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On January 27, 2003, the Defendant received a loan from Nonparty C (hereinafter “C”) under the Plaintiff’s specific root guarantee (Limit of KRW 42 million). On December 12, 2007, the Defendant received a loan of KRW 23 million from C. On the same day, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to Defendant C at the guarantee limit of KRW 30 million.
B. After that, the Defendant delayed the repayment of the above principal and interest of loan to C, the Plaintiff subrogated for KRW 42,482,424 out of the Defendant’s above loan obligations to C from December 30, 2009 to August 20, 2014.
【Fact-finding without a dispute over the basis of recognition”, Gap 1, 3, 4 through 7, 10, 11, Eul 2, 4, 6, 8, and the purport of the whole pleadings.
2. Determination
A. According to the above facts as to the cause of the claim, since the Plaintiff, a joint and several surety, repaid the principal and interest of loan to C by subrogation of the Defendant, the principal obligor, barring any special circumstance, the Defendant is liable to pay the Plaintiff the amount of indemnity that the Plaintiff subrogated to C and the delay damages therefor.
B. As to the Defendant’s argument, first, from January 27, 2003 to December 17, 2004, the Defendant loaned KRW 20 million to the Plaintiff a monthly interest of KRW 300,000,000,000. The Plaintiff did not pay the above principal and interest of the loan, and the Plaintiff agreed to substitute the Plaintiff’s repayment of the principal and interest of the loan to the Defendant by paying the principal and interest of the Defendant to the Defendant C, and on December 12, 2007, jointly and severally guaranteed the Defendant’s obligation to pay the principal and interest of the loan to the Defendant. Therefore, the Defendant did not have any obligation to claim the said subrogated payment to the Plaintiff.
B. Second, even if the Defendant has a duty to claim the amount of subrogated payment against the Plaintiff, the amount that the Plaintiff paid by subrogation against the Defendant is merely KRW 26,129,841, while the Defendant’s above amount of the principal and interest of the loan to the Plaintiff is KRW 23 million, and the Defendant paid to C on behalf of the Plaintiff.