연대보증인이라 하더라도 대위변제한 부분 전액에 대해 주채무자에 대해 구상권을 행사할 수 있으므로 물상보증인과 별반 차이가 없음[국패]
Even if a joint and several surety is a joint and several surety, he/she may exercise the right to indemnity against the principal obligor with respect to the total amount of subrogation.
Even if a joint and several surety is a debtor, it is not a debtor, but can exercise the right to indemnity against the principal debtor for the total amount of the subrogated portion. Therefore, there is no difference between the surety and the surety, and the plaintiff can seek reimbursement for the total amount of the repayment to the principal debtor, the principal debtor.
Article 481 of the Civil Act
Ansan-Support 2013 Ghana 11378 ( October 14, 2014)
KoreaA
Korea
May 14, 2014
1. Distribution to the defendant's Republic of Korea among the distribution schedule prepared by the same court on November 26, 2013 with respect to voluntary auction cases of real estate at Ansan-si 2012, 22535 (Joint District Court No. 2013, Jun. 26, 2013);
The amount of dividends for the plaintiff shall be deleted from 000 won, 000 won, 000 won, and 000 won for the defendant Young-si, respectively, and the amount of dividends for the plaintiff shall be corrected to 000 won.
2. The costs of lawsuit are assessed against the Defendants.
Facts of the Attached Claim No. A1 to 3 do not conflict between the parties or are described in the Evidence No.
Comprehensively taking account of the overall purport of the pleadings (Supreme Court Decision 2012Da2015, Jul. 18, 2013)
Supreme Court en banc Decision 5643; Supreme Court Decision 2007Da78234 Decided April 10, 2008, etc.
2. Judgment on the defendants' assertion
Since the plaintiff is a joint and several surety for senior mortgagee, the defendants are merely a surety.
Therefore, it is difficult to see that the sale of the auction of this case is justifiable, because it cannot be seen as being the first dividend in the shares of the head of the AA, and if the BB bank brings all secured claims out of the Plaintiff’s shares, the Plaintiff’s dividend ceases to exist.
Even if a joint and several surety is a debtor, it is not a debtor, but in the end a subrogation.
Since the principal obligor can exercise the right to indemnity against the total amount of the share, the surety's property and the difference between the two.
There is no objection. Accordingly, the plaintiff's indemnity against the principal debtor, the principal debtor, against the total amount repaid.
section 481 and section 482 of the Civil Code, the right to indemnity shall be given first priority as a statutory subrogation under section 481 and section 482 of the
Since the rights of the party are guaranteed by subrogation of the party concerned, the rights of the plaintiff are protected, and eventually the subordinate of the Funeral Service.
In addition, the plaintiff is a senior mortgagee.
The joint and several guarantee of the BB bank is sufficient that the BB bank can assert the right against the Plaintiff, and the Defendants also have the right to the Plaintiff. Therefore, as mentioned above, in cases where the BB bank brings all secured claims out of the Plaintiff’s equity interest, the Plaintiff is entitled to legal subrogation of the BB bank pursuant to Articles 481 and 482 of the Civil Act, and thus, the Plaintiff is entitled to protection of the right prior to the Defendants. Ultimately, the BB bank is the same result as if it was paid first out of the Plaintiff’s equity interest or if it was paid out in the shares of the A, and this is consistent with the purport of Article 368 of the Civil Act.
Therefore, the above assertion by the defendants is without merit.
3. Conclusion
Therefore, the plaintiff's claim against the defendants is with merit.