beta
Text
1. The Plaintiff:
A. Defendant B Co., Ltd. shall be KRW 2,550,000,000 and its amount shall be from January 3, 2018 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructs and sells officetels and neighborhood living facilities in E district business facility F, and the Plaintiff is a company that performs the said business as a corporation that engages in housing construction business, etc.
B. On October 7, 2015, Defendant B entered into a loan agreement with H (hereinafter “H”) to provide money necessary for the repayment, etc. of existing loans related to the foregoing business, which is set forth as “2.5 million won of loans and the maturity date of the loan (hereinafter June 8, 2017) 20 million won.” On October 8, 2015, Defendant B received 2.55 million won of loans under the said loan agreement from H (hereinafter “instant loan obligation”), and the Plaintiff, I, Defendant C, and D jointly and severally guaranteed the instant loan obligation on October 7, 2015.
C. On May 26, 2017, the Plaintiff subrogated for KRW 2.55 million to H with the loan obligation of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 6, 8, 9 evidence, the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff’s assertion on the cause of the claim was subrogated by the Plaintiff for the instant loan obligation, and thus, the Plaintiff may exercise the right to indemnity against Defendant C and D, which is the principal debtor, and ② exercise the right to indemnity against Defendant C and D, which is the joint and several liability, or exercise the right to joint and several liability by subrogation against H under Article 481 of the Civil Act. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of subrogation amounting to KRW 2.5 million and the damages for delay thereof. 2) According to the facts as seen earlier, according to the judgment of the Plaintiff’s claim against Defendant B as a joint and several liability, Defendant B, the principal debtor, is liable to pay the Plaintiff the indemnity amounting to KRW 2.5 million and damages for delay pursuant to Articles 441(1) and (2) and 425(2) of the Civil Act.