추심금
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 of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the third-party 15 of the judgment of the court of first instance (hereinafter “the collection order of this case”) shall be “(hereinafter “the instant collection order”)”; (b) the “M” of the sixth-party 13 of the judgment of the court of first instance shall be “O” respectively; and (c) the same shall apply to the part concerning which the plaintiff contests as the grounds for appeal, except for adding the following judgment to the part concerning which the plaintiff contests as the grounds for appeal, as stated in the reasoning of the judgment of the court of first instance; and (d)
2. Determination on the grounds for appeal
A. On May 6, 2015, the Defendant asserted that the set-off defense based on the right of reimbursement based on the assumption of an obligation with an automatic claim is offset against the instant claim for return of unjust enrichment of the C association, on the ground that, on the ground that the Defendant, as a surety, acquired the secured obligation of each of the secured obligation established in C association’s Fluri and Li real estate as a surety, and that the obligation with an obligation with an obligation to be exempted is discharged from the obligor, and that the obligation with an obligation to be exempted has the same effect as the repayment of the obligation, by applying Article 370, 341 or 441 of the
In accordance with Article 370 and Article 341 of the Civil Code, when a person who has pledged his/her property to secure another's property has discharged his/her obligation or has lost his/her ownership of the mortgaged property due to the execution of mortgage,
In this case, the term "performance of an obligation" means the realization of a performance which is a content of an obligation, and the extinguishment of a claim by accomplishing its purpose.
However, unlike the novation that establishes a new debt without identity and at the same time extinguishs the former debt, it is a contract that aims to transfer the existing debt from an existing debtor to a third party, while maintaining the identity of the existing debt, and there is only the effect of transferring the debt, and there is no effect of extinguishing the debt in reality.
Therefore, Article 341 of the Civil Code provides for the assumption of obligation with immunity.