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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendants shall jointly and severally serve as the Plaintiff KRW 4,607,987.
Reasons
1. Under a credit guarantee contract concluded with the Defendants with the Plaintiff, the Plaintiff filed a joint suit against the Defendants for reimbursement of the amount equivalent to KRW 306,718,863, the Plaintiff subrogated for the performance of the guaranteed obligation, KRW 1,849,460, KRW 653,567, and KRW 6,653,567. The court of first instance accepted the Plaintiff’s claim for indemnity and the claim for penalty, and rejected the remainder.
The plaintiff appealed against the judgment of the court of first instance. Thus, the scope of the judgment of this court is limited to the plaintiff's claim for reimbursement of expenses.
2. Determination
A. Fact 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).
On August 1, 2001, the Defendant Company, Seoul Bank (hereinafter “Seoul Bank”)
(2) As to the loan of KRW 45,00,000 from the Seoul Bank, the Plaintiff entered into a credit guarantee agreement under which the principal of the guarantee is guaranteed by the Defendant Company’s Seoul Bank as KRW 40,50,000,000, and ② on August 8, 2001, the Defendant Company borrowed KRW 255,000,000 from the Seoul Bank as to the loan of KRW 255,000,000, with the principal of the guarantee as KRW 255,000,000, respectively (hereinafter “each credit guarantee agreement of this case”).
2) According to each credit guarantee contract of this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid the amount of damages in accordance with the interest rate set by the Plaintiff (Article 11(1)), and in addition, the “expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation” (Article 11(3)2) and “expenses incurred by the Plaintiff in the execution, preservation, exercise, and legal procedure of the claim under each credit guarantee contract of this case (Article 12 subparag. 2).