구상금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the part against the defendant among the reasons of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the defendant's additional assertion
A. As to the absence of a preserved claim, the Defendant asserts that the claim for indemnity against B, a joint and several surety of the Plaintiff, occurred after entering into each of the instant sales agreements and sales contracts, and that, at the time, it cannot be recognized that there is no data on the financial status of the principal obligor A, and thus, it cannot be recognized that the claim cannot be a preserved claim.
However, as seen earlier, ① each credit guarantee agreement and joint and several guarantee agreement of this case, which are the legal relations that form the basis for the establishment of the Plaintiff’s claim for reimbursement at the time of entering into each of the instant sales reservations and sales contracts, was concluded. ② From December 1, 2017 upon which each of the instant sales reservations was concluded, the credit guarantee accident of this case occurred on January 2, 2018, and as long as each of the instant sales contracts was concluded on January 6, 2018, four days thereafter, it was highly probable that the Plaintiff’s claim for reimbursement based on each of the instant credit guarantee agreements and joint and several guarantee agreements of this case was created in the near future. ③ In fact, it was probable that the Plaintiff acquired the Plaintiff’s claim for reimbursement due to subrogation on June 20, 2018, and thus, the Plaintiff’s claim against Defendant B constitutes the preserved claim for revocation of the Plaintiff’s claim for reimbursement.
The case pending by the defendant is inappropriate for applying the case to this case, unlike the case.
Therefore, the defendant's above assertion cannot be accepted.
B. As to the existence and amount of a preserved bond, the Defendant’s credit guarantee accident in this case is the guarantee period under the first credit guarantee agreement ( May 11, 2017).