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1. The Defendant’s KRW 10,000,00 and the Plaintiff’s annual rate of KRW 5% from June 19, 2015 to October 23, 2015, and the following.
Reasons
1. Basic facts
A. On December 29, 1995, the Plaintiff jointly and severally guaranteed the above loan obligations when the Defendant obtained a loan of KRW 50 million from Saml account Agricultural Cooperatives (hereinafter “Tll account Agricultural Cooperatives”).
B. However, the Defendant demanded the Plaintiff to pay the remainder of KRW 10 million by subrogation or to assume the obligation of the remainder of KRW 40 million.
Accordingly, on May 13, 2003, the Plaintiff subrogated 12,422,504 won out of the principal of the above loan and interest and guarantee fees thereon, and on September 30, 2004 with respect to the remaining principal amount of KRW 30,000,000 and interest, the Plaintiff assumed the obligation.
C. After assumption of the obligation, the Plaintiff paid KRW 10 million in total, five million in five times from October 15, 2010 to October 23, 2014 (payment in October) on five occasions, respectively, to Samlju Agricultural Co., Ltd.
However, the remaining principal amount of KRW 20 million has not yet been paid due.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant, the principal obligor, is liable to pay the principal amount of KRW 20 million, which the plaintiff claimed among the amount subrogated to the Nonghyup Nonghyup, which is a joint and several surety, and damages for delay from the day following the delivery of a copy of the complaint in this case, unless there are special circumstances.
(1) The Plaintiff’s claim for the payment of the principal amount of KRW 20 million and the payment of the principal amount of KRW 20 million constitutes the exercise of the right of advance reimbursement. However, the Plaintiff’s claim for the payment of the principal amount of KRW 20 million which has not been paid and the payment of the damages for delay constitutes the exercise of the right of advance reimbursement. However, there is no evidence to acknowledge that the Plaintiff satisfied the requirements for prior reimbursement as the guarantor under Article 442 of the Civil Act.