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1. The part of the judgment of the court of first instance against the defendant is modified as follows.
The defendant is against the plaintiff succeeding intervenor 573,169.
Reasons
1. Basic facts
A. On October 30, 1996, the Plaintiff entered into a guarantee insurance contract (hereinafter “the first contract”) with the Defendant and the first instance trial co-defendant D, E, F, and G with the Plaintiff under the first contract with the Defendant and the first instance trial co-defendant D, the Plaintiff jointly and severally guaranteed the liability for indemnity against the Plaintiff, in order to guarantee the payment of the purchase price for liquefied petroleum gas purchased by B from B (hereinafter “I”).
B. On April 8, 1997, the Plaintiff entered into a guarantee insurance contract (hereinafter “second contract”) with the Defendant, D, E, F Co., Ltd., and G as joint and several liability obligations owed by the Plaintiff under the second contract with the Defendant, for the guarantee of payment for the purchase of liquefied petroleum gas purchased by B from B, by setting the insured I, the insurance amount of KRW 100,000,000, and the insurance period from April 8, 1997 to April 7, 1998.
C. According to the contract Nos. 1 and 2, where the Plaintiff pays the insurance money due to the failure of B to pay the goods payment obligation to B, B shall immediately pay the above insurance money to the Plaintiff, but it shall be paid by adding damages for delay at the interest rate determined by the Plaintiff from the day following the date of payment of insurance
B, as the Plaintiff did not pay the price for the goods, I claimed for the payment of the insurance money to the Plaintiff. Accordingly, the Plaintiff paid KRW 100,000,000 on January 20, 1998 according to the contract No. 1, and according to the contract No. 2, the Plaintiff paid KRW 100,000,000 on January 20, 1998.
E. At the time of August 22, 1999, the principal and interest of the indemnity obligation under the first and second contracts was KRW 163,775,338 (i.e., total insurance amount of KRW 120,000,000, KRW 43,775,338). The interest rate in arrears determined by the Plaintiff is 19% per annum.
F. On February 3, 2014, the Plaintiff transferred the claim for reimbursement under the first and second contracts to the Intervenor succeeding to the Plaintiff, and on July 24, 2014.