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Reasons
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(영문) 서울중앙지방법원 2016.04.20 2015가단5330787
구상금
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1. The Defendants are jointly and severally liable to the Plaintiff for 50,281,328 won and 49,009,228 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with Defendant OSA Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee agreement on December 19, 2003. The Defendant Co., Ltd submitted a credit guarantee certificate issued by the Plaintiff to the bank and received a loan of KRW 56,00,000.

Defendant A guaranteed the obligation of the Defendant Company against the Plaintiff.

Since then, the Defendant Company failed to pay the loan and caused an accident of guarantee. On August 3, 2005, the Plaintiff subrogated the loan bank amounting to KRW 49,243,178 and recovered KRW 233,950.

B. On October 26, 2005, the Plaintiff filed a lawsuit against the Defendants for indemnity amounting to Seoul Central District Court Decision 2005Da245007, and rendered a judgment on October 26, 2005 that “The Defendants jointly and severally paid to the Plaintiff the amount of KRW 49,009,336, and KRW 49,009,228 from August 3, 2005 to August 29, 2005, and KRW 17% per annum from the next day to the full payment date,” and the judgment on December 7, 2005 became final and conclusive.

C. At the time of a credit guarantee agreement, the Defendant Company decided to reimburse the expenses incurred in the enforcement, preservation, exercise, and legal proceedings of the claim. The expenses incurred by the Plaintiff are KRW 1,272,100.

[Reasons for Recognition] Defendant Company: The non-contentious facts, evidence No. 1-1, No. 2, and No. 3, and the purport of the whole pleading A: deemed confession

2. According to the above findings of determination, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 50,281,328 won, including the amount of 49,009,228 won in subrogation and the amount of 1,272,100 won in the amount of 50,281,328 won in the amount of 49,009,228 won in the amount of 17% per annum from August 3, 2005 to August 29, 2005, and 20% per annum from the following day to the date of full payment.

3. If so, the plaintiff's claim for the extension of prescription is justified.

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