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1. The Defendant’s KRW 41,289,447 as well as the Plaintiff’s 5% per annum from December 30, 2015 to October 10, 2017.
Reasons
1. Basic facts
A. On May 12, 2015, C Co., Ltd. (hereinafter “C”) entered into a consignment agency contract with K Co., Ltd. (hereinafter “K”) (hereinafter “instant agency contract”). The Defendant and D jointly and severally guaranteed all the obligations owed by C to KT under the instant agency contract (hereinafter “instant joint and several guarantee agreement”).
B. On April 14, 2015, the Plaintiff entered into a payment guarantee insurance contract with C to guarantee the fulfillment of obligations owed by C in accordance with the instant agency contract (hereinafter “instant payment guarantee contract”) with C as between April 14, 2015 and April 13, 2016.
B. After that, the instant agency’s breach of contractual obligations under the instant agency’s contract on the case occurred, and the Plaintiff paid KRW 123,868,342 to the case on December 29, 2015 upon the Plaintiff’s claim for the performance of the warranty obligation.
[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff, the surety of the contract of this case, and the defendant, the surety of the contract of this case, are related to the joint surety in relation to the performance of C's obligation to the creditor, and each joint surety bears the guaranteed obligation at an equal rate. Thus, the defendant is obligated to pay the plaintiff with the amount of 41,289,447 won (123,868,342 x 1/3) out of the defendant's debt exempted from the plaintiff's exit due to the plaintiff's exit.
B. The defendant's assertion is difficult to regard the insurer under the Guarantee Insurance as a joint guarantor in the same position as the guarantor under the Guarantee Insurance Contract because the guarantee contract, which is subordinate to the Guarantee Insurance Contract, is different from the basic legal provisions governing the contractual relationship.