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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
2. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,966,817.
Reasons
1. The plaintiff filed a claim for the interruption of prescription for a final and conclusive judgment on a claim for indemnity amounting to Seoul Central District Court Decision 2003Da452207, and KRW 1,966,817, which was not claimed in the above lawsuit. The first instance court rejected the claim and dismissed the claim, and the plaintiff appealed against the part against which the claim was lost. The part of the claim becomes final and conclusive, and the scope of the judgment of this court is the part of the claim.
2 Basic facts
A. On June 15, 2002, the Plaintiff entered into a credit guarantee agreement with Defendant A, a stock company, to obtain a loan of KRW 50 million from the National Bank, and Defendant B, a joint and several surety for the amount of indemnity to be incurred when the Plaintiff subrogated to the said bank in the future.
B. On November 18, 2003, Defendant A did not pay the above loan, and the Plaintiff subrogated for KRW 36,641,759 to the above bank.
C. On October 22, 2004, the Plaintiff filed a lawsuit seeking indemnity against the Defendants by Seoul Central District Court Decision 2003Da45207, and filed a lawsuit claiming indemnity, and on October 22, 2004, the said court rendered a judgment that “(i) the Defendants jointly and severally paid to the Plaintiff the amount of KRW 36,459,565, and KRW 36,208,312, whichever is applicable, 18% per annum from November 18, 2003 to August 10, 2004, and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive around that time.
From December 30, 2003 to July 25, 2014, the Plaintiff spent KRW 2,168,767 to enforce or preserve the above indemnity claim against the Defendants, and recovered KRW 201,950 among them.
[Reasons for Recognition] Evidence Nos. 1-1, 2, and 3-5 of Gap's 1-1, 3-2, 3-1 of the whole pleadings
A. According to the evidence No. 5, at the time when the plaintiff provided a credit guarantee for the loans of Defendant A Co., Ltd., the defendants acquired through the performance of the guaranteed obligations by the plaintiff.