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(영문) 창원지방법원 마산지원 2017.01.25 2016가단104329

구상금

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 8,96,721; (b) KRW 19,792,831 for Defendant C; and each of them, from November 30, 2006 to October 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

[In the event that a person who has become surety for a certain joint tortfeasor has repaid the surety's liability for damages, the surety may exercise the right to indemnity or the right to claim restitution of unjust enrichment against another joint tortfeasor who is not the surety. Therefore, if 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 surety cannot claim reimbursement or claim restitution of unjust enrichment against the other joint tortfeasor, and this is not different (see, e.g., Supreme Court Decision 95Da47176, Feb. 9, 1996). The internal share ratio of Defendant E and Defendant D, the surety of the plaintiff, and the plaintiff, are set to 6:4. Thus, the plaintiff can claim reimbursement against Defendant D only 10,484,179 won (26, 210, 448 won x 40%, and less than won) (Article 208(3)1 of the Civil Procedure Act).