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Reasons
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(영문) 인천지방법원 부천지원 2018.10.26 2018가단8530
약정금
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1. The Defendants jointly and severally agreed to the Plaintiff KRW 43,082,410 and Defendant B with respect thereto from August 25, 2018, and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. On July 1, 2015, Defendant B prepared a letter of commitment to Nonparty E (hereinafter “E”) with respect to the bus vehicles (D) owned by the Plaintiff on the part of Defendant B (hereinafter “instant installment”) on the responsibility of Defendant B.

B. The Plaintiff paid KRW 16,750,000 to E in subrogation of the Defendant, out of the instant installment debt, until July 25, 2016.

C. Accordingly, on July 25, 2016, Defendant B made installment payments of KRW 16,750,000 to the Plaintiff by July 25, 2017, and agreed to pay the instant installment payments from August 2016 to E (hereinafter “instant agreement”). Defendant C guaranteed the Plaintiff’s debt to the Plaintiff on the same day.

Since August 2016, the Plaintiff paid KRW 26,332,410 to E in subrogation of Defendant B, out of the installment debt of this case from August 2016.

[Ground for Recognition] Defendant B: The fact that there is no dispute, entry of Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 25, 2018 to the day of full payment to the day of full payment as to the Plaintiff who subrogated for the instant installment payment (i.e., KRW 16,750,000) and the copy of the complaint in this case (i.e., KRW 26,32,410).

B. As to this, Defendant C has jointly and severally guaranteed only the portion of KRW 16,750,00 among Defendant B’s obligations, and Defendant B has fully repaid the above KRW 16,750,000, and thus, Defendant C asserts to the effect that the Plaintiff’s claim is groundless.

However, as seen earlier, Defendant C has jointly and severally guaranteed the entire obligation of Defendant C under the instant agreement, and there is no evidence to prove that Defendant C repaid the above KRW 16,750,000.

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