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Reasons
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(영문) 부산고등법원 2012.07.26 2011나10549
구상금 등
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1. Of the judgment of the court of first instance, the part against the defendant as to the claim for compensation for value (the corresponding part of the judgment of the court of first instance is the defendant).

Reasons

1. Basic facts

A. 1) The Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.

Between them, ① on July 27, 2004, the amount guaranteed KRW 442,00,000,000, and the term of guarantee until July 14, 2005 (after that, until July 9, 2010).

(2) On June 5, 2007, the coverage amount of KRW 160,00,000,000, and by June 4, 2008 (after that, until June 4, 2010).

(i) each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) shall be set forth.

(B) The co-defendant B, C, D (hereinafter “B”), C, and D in the first instance trial.

(2) At the time of each of the credit guarantee agreements in this case, A agreed to pay the Plaintiff the amount of subrogated payment, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of full payment to the date of full payment of the amount of subrogated payment, and the expenses incurred in legal procedures, such as compensation for indemnity claims, to the Plaintiff.

3) A was granted credit guarantee certificates issued by the Plaintiff under each credit guarantee agreement of this case from the Industrial Bank of Korea as security, and KRW 520,000,000, and KRW 200,000 on July 27, 2004, and KRW 200,000,000 on June 5, 2007, respectively. (B) A caused a credit guarantee accident due to the current account book, August 12, 2009, and the Plaintiff subrogated the Industrial Bank of Korea for the total amount of KRW 549,193,759 on September 16, 2009.

2) After that, the Plaintiff collected KRW 3,919,090 on September 16, 2009, and KRW 3,020 on September 22, 2009, respectively, and the balance of the amount of subrogation by subrogation was 545,271,649 won (i.e., KRW 549,193,759 - KRW 3,919,090 - 3,020). 3) The legal procedure expenses incurred by the Plaintiff for the preservation of the claim for reimbursement were 1,346,122 won, and the interest rate for delay determined by the Plaintiff was 15% per annum after September 16, 2009, the date of payment by subrogation, and the amount recovered by the Plaintiff as above.

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