구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. Around June 2008, the Defendant’s employees C, who worked as the warden at the site of electrical construction, ordered cables, etc. to the KNNC Co., Ltd. (hereinafter “ENFC”) without the Defendant’s consent, and used the materials for personal purposes by arbitrarily receiving the materials, such as cables equivalent to KRW 156,420,000 from the KNC Co., Ltd. (hereinafter “ENC”).
B. On September 2, 2008, C drafted a payment certificate to pay 156,420,000 won in four installments in C, and the Plaintiff jointly and severally guaranteed the above obligation of C.
C. By June 29, 2012, the Plaintiff repaid KRW 30,000,000 out of C’s above debt to the UNC’s temporary closure until June 29, 2012.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant subrogated for KRW 30,000 out of the material cost of KRW 156,420,000,000, which is borne by the Defendant for Enz.
Therefore, the defendant should pay to the plaintiff the above KRW 30,000,000 with the amount of indemnity.
3. In a case where a person who has become a guarantor for a certain joint tortfeasor pays the surety's liability for damages, the guarantor may exercise the right to indemnity or the right to claim restitution of unjust enrichment against other joint tortfeasor who is not the guarantor. Therefore, in a case where the part of the surety's liability is the whole part of the joint tortfeasor, and there is no part of the other joint tortfeasor's liability, the guarantor shall not claim the reimbursement or return of unjust enrichment against the other joint tortfeasor.
(see, e.g., Supreme Court Decision 95Da47176, Feb. 9, 1996). C can be viewed as bearing tort liability against C with respect to the above material price. The Defendant, as a user of C, may be jointly liable with C for compensation for the above material price against C, or may be jointly liable under a contract as a case.
However, C's intentional act.