구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning for this part of the underlying facts is as follows: (a) except for the addition of “in accordance with a security agreement with the defendant” to the part “to secure obligations” of 2 pages 17 of the reasoning of the judgment of the court of first instance, and the corresponding part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part; and (b) thus, it shall be cited in accordance
2. According to the above facts of recognition as to the cause of the claim, the plaintiff, upon the request of the defendant, set up a collateral security right to the real estate of this case owned by the plaintiff, in order to secure the obligation to be borne by the defendant under a petroleum product supply contract with J or K (hereinafter collectively referred to as the "J"), and paid the above obligation to the defendant as the surety.
I would like to say.
Therefore, pursuant to Articles 370, 341, and 441(1) of the Civil Act, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 520 million, legal interest thereon, and delay damages, barring special circumstances.
3. Judgment on the defendant's assertion
A. As to the Defendant’s assertion of the obligation to maintain collateral, the Plaintiff, at the time of concluding a lease agreement on the instant real estate, provided the instant real estate as collateral during the duration of the lease agreement, has the obligation to maintain the instant collateral as long as the said agreement remains in existence. Therefore, even if the Plaintiff repaid the Defendant’s obligation to J, the Plaintiff may not file a claim against the Defendant for reimbursement unless the said lease agreement is terminated. 2) The judgment of the Defendant is recognized as follows in full view of the entries in the evidence Nos. 8, 12 through 14, 16, 19, 19, 24, 25 through 27, and the overall purport of the pleadings.
① On July 14, 1999, the Plaintiff, while operating a D gas station in the instant real estate, was supplied with oil, etc. from the said company after completing the registration of the establishment of a neighboring maximum debt amount of KRW 400 million to J.
The Plaintiff’s obligation to J is KRW 400 million.