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1. The Defendant’s KRW 9,605,105 as well as 5% per annum from February 28, 2007 to October 11, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On October 16, 2002, the Defendant concluded a performance guarantee insurance contract between Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) and the insurance amount of KRW 25,00,000,000, and the insurance period of October 16, 2002 to October 15, 2004, in order to secure the obligation for the goods payment owed by the Defendant as the representative of the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and the Plaintiff jointly and severally guaranteed the obligation owed by the Defendant to Seoul Guarantee Insurance.
B. However, there was an accident where the Defendant could not pay the price for the goods to the South-North oil industry, and the Seoul Guarantee Insurance paid the insurance amount of KRW 19,250,000 to the South-North oil industry on January 2, 2004, and the KS Life Insurance Co., Ltd. (hereinafter “SK Life Insurance”) loaned the above insurance amount to the Seoul Guarantee Insurance in accordance with the business agreement.
C. The Plaintiff subrogated the amount as indicated below to the Seoul Guarantee Insurance in accordance with the above performance guarantee insurance contract.
50,000 on August 26, 2004; 150,000 on September 26, 2004; 200,80 on September 30, 200; 19,00 on September 30, 204; 489,00 on October 26, 200 on October 26, 200; 635,00 on June 6, 206, 200 on May 16, 207; 18,000 on May 16, 200 on May 206, 207; 200 on May 16, 2005; 200 on May 27, 2005; 206; 7,00 on November 25, 2004;
2. The parties' assertion
A. The Plaintiff, as a joint and several surety of the Defendant, sought the actual amount of 22,210,000 won by subrogation from August 26, 2004 to February 21, 2007, or the amount of 22,210,210 won by subrogation from February 21, 2007.
by subrogation, the defendant has acquired the right to indemnity.