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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay 375,600 won to the plaintiff.
3. Action.
Reasons
1. Basic facts
A. On March 29, 2001, the Plaintiff entered into a credit guarantee agreement with the Defendant on March 29, 2001 with respect to the Defendant’s lending of KRW 24,00,000 from the Bank, wherein the Defendant would have paid the guaranteed amount of KRW 20,400,000, and the term of guarantee on March 29, 2002. If the Plaintiff subrogated, the Plaintiff agreed to pay to the Plaintiff the amount of subrogation, the amount of damages therefrom, and the expenses incurred by the Plaintiff in the execution, preservation, exercise, and legal procedure of the said credit guarantee agreement.
B. On August 17, 2004, the Plaintiff paid 10,461,287 won to the above bank due to the Defendant’s credit guarantee accident. The Plaintiff filed a claim for reimbursement against the Defendant, etc. pursuant to Seoul Central District Court Decision 2008Gaso2875454, Dec. 10, 2008, “The Defendant jointly and severally with C and D with the Plaintiff for KRW 7,276,97 and KRW 6,915,837 as to the Plaintiff, and KRW 18% per annum from August 17, 2004 to January 17, 2009, and KRW 20% per annum from the next day to the date of full payment.” The decision on performance recommendation was finalized on February 3, 2009 against the Defendant.
C. On November 20, 2008, the Plaintiff spent KRW 487,100 for the purpose of preserving the above claim for reimbursement, separately from the amount finalized by the above recommendations for performance recommendation. Of them, the Plaintiff collected KRW 111,500 and did not recover KRW 375,600 at present.
Upon filing the instant claim, the Plaintiff filed a claim for the interruption of prescription for a claim for reimbursement amounting to Seoul Central District Court 2008Gapo2875454, and ② filed a claim of KRW 375,600, out of the legal procedure costs (payment by subrogation) paid in the process of filing the said claim, and the first instance court rejected the claim on the ground that (i) although the claim was accepted, (ii) the claim can only be repaid through the procedure for determining the amount of litigation costs, and there is no benefit in protecting rights that can be claimed as the instant lawsuit, and (iii) the part against the Plaintiff was rejected.