대여금 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 for the court’s explanation of the instant case is that the instant case is cited by the court of first instance, i.e., “A., January 4, 2012” under Section 3 of the judgment of the court of first instance, and except for the Defendant’s addition of “the following additional determinations on January 4, 2012” with respect to the newly asserted or the non-emphasizing argument in this court, it is identical to the ground for the judgment of the court of first instance. Therefore, it is acceptable in accordance with the main sentence of Article 4
2. Additional determination
A. The summary of the defendant's assertion is that even if the defendant bears the joint and several liability against the plaintiff by Co-defendant C (hereinafter "C") of the first instance court, the defendant is a joint and several surety who has a legitimate interest in the repayment of Article 481 of the Civil Code. The defendant has a legal subrogation right to subrogate the plaintiff as a creditor as a matter of course due to the repayment.
However, the Plaintiff asserts that the Defendant is exempted from its liability for the Plaintiff to the extent that it could not be repaid due to its loss or reduction pursuant to Article 485 of the Civil Act, as it intentionally cancelled the registration of the establishment of the establishment of the F apartment G (hereinafter “instant real estate”) No. 4 on September 16, 2013 for the F apartment G (hereinafter “instant real estate”).
B. (1) A person who has a legitimate interest in fulfilling the relevant provisions is naturally subrogated to the obligee on account of performance (Article 481 of the Civil Act), and when there is a statutory subrogation and the obligee’s security has been lost or diminished due to the obligee’s intentional act or negligence, the subrogated person shall be exempted from liability to the extent that he/she cannot be reimbursed due to the loss or reduction thereof (Article 485(2) of the Civil Act). E entered into a mortgage contract with the Plaintiff on January 4, 2012 with the maximum debt amount of KRW 240 million between the Plaintiff and the Plaintiff, as the obligor C and the Plaintiff, and the establishment registration of the neighboring mortgage (hereinafter “registration of the establishment of the neighboring mortgage of this case”).