양수금
1. The Plaintiff:
A. Defendant A Co., Ltd. shall pay KRW 55,00,000 and its amount from April 21, 2014 to March 5, 2015.
In light of the fact that there is no dispute, Gap 1 and 2's statements, and the purport of the entire pleadings, the plaintiff as an executor around November 2012, as the plaintiff contracted for the construction of apartment and new construction of commercial buildings located in Kimhae-si to the defendant A corporation, the contractor, Kimhae-si, the contractor, and the defendant A borrowed KRW 50 million from F, the bond company, as the subcontractor failed to pay the subcontract price for the subcontractor. The defendant B, C, and D jointly and severally guaranteed the above loan. The plaintiff agreed to transfer the right to the above loan to F by August 22, 2013, the defendant A et al., the right to the above loan No. 504 and 505 was transferred to F, Kimhae-si, the plaintiff did not pay the above loan debt, and the plaintiff could be recognized as having received KRW 60 million from the plaintiff on April 21, 2014.
According to the above facts, since the above loan obligation of the plaintiff who is in a position similar to the surety has expired due to the plaintiff's repayment which is similar to the surety, A, a principal obligor, as the plaintiff, shall be liable for the entire amount of the repayment (excluding five million won repaid by the defendant C, but excluding five million won repaid by the defendant C), the defendant B, C (excluding five million won repaid by the defendant C), and D as the principal obligor.
(Article 448(2) and Article 425 of the Civil Act). Thus, the Plaintiff’s claim against the Defendants is with merit.