구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On November 8, 2007, the Defendant borrowed KRW 120,000,000 from the Changwon Agricultural Cooperative (hereinafter “CF”) and borrowed KRW 90,00,000 on January 30, 208
(2) On November 12, 2007, the Plaintiff completed the registration of the establishment of a mortgage with the Defendant, the maximum debt amount of KRW 156,000,000, agricultural cooperative with the mortgagee, on January 30, 2008, with respect to the registration of the establishment of a mortgage for the Defendant, the debtor, the maximum debt amount of KRW 117,00,000,000, and the mortgagee with the mortgagee, respectively, on January 30, 2008.
On November 15, 2007, the Plaintiff set the due date of repayment of KRW 450,000,000 to the Defendant’s husband D and the doctor E who works together with the Defendant’s husband D and the doctor E who works together with the Plaintiff, and lent it on November 14, 2008.
On June 16, 2009, the Plaintiff paid KRW 206,371,156 in total to the Nonghyup for the repayment of principal and interest on the instant loan.
[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1 through 3 and 8 (the provisional number is included in each number), and the plaintiff's primary claim, as the plaintiff's primary claim, has subrogated the principal and interest of the loan of this case in the status of a surety as a surety, so the defendant, the principal obligor of the loan of this case, is liable to pay the plaintiff 206,371,156 won, which the plaintiff subrogated to the plaintiff as a result of the performance of the obligation of indemnity.
Even if the Defendant, who is the primary debtor of the instant loan, is not recognized as the primary debtor of the instant loan, the Defendant bears the responsibility to guarantee the Plaintiff with respect to the principal and interest of the instant loan borrowed by the Defendant at least as the primary debtor in the form of the instant loan obligations (hereinafter “instant loan obligations”) among the loan obligations of KRW 450,00,000 against the Plaintiff and D.
Therefore, the defendant's subrogation to the plaintiff on 206,371.