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(영문) 대전고등법원 2016.04.08 2015나12749

손해배상(기) 등

Text

1. Plaintiff 1, among the parts against the Defendants in the judgment of the court of first instance, falls under the amount of additional payment order.

Reasons

1. The reasons for the judgment of the court of first instance are as follows: “(B) judgment of the court of first instance” and “(c) judgment of the court of first instance except for the modification as set forth in paragraph (2) below; (b) judgment of the court of first instance 1 and evidence Nos. 420 of the Civil Procedure Act cites it as they are. (1) According to each of the evidence Nos. 1 and Nos. 4 of the court of first instance as to the conciliation of this case, the court of first instance determined that “the plaintiff, Defendant B, C, and D shall jointly and severally pay 440,000,000,000 and damages for delay thereof jointly and severally, Defendant C, and D shall be jointly and severally paid 20,000,000,000 won and damages for delay thereof to the defendant C and D, Defendant J shall be jointly and severally paid 240,000,000,0000 won and damages for delay to the plaintiff, the heir and joint Defendants of the court of first instance 2000, Da and the above joint Defendants.

In light of the above facts, the defendants can be seen as having the status of joint and several sureties in relation to the part of the adjustment amount of this case's obligation, but it is difficult to see that the joint and several sureties B is in the status of joint and several sureties. In light of the text of the adjustment clause of this case, it is reasonable to see that the defendants and the above B are in the relationship of joint and several sureties.

(2) A person who has a legitimate interest in performance shall, as a matter of course, subrogate the debtor by performance (Article 481 of the Civil Act), and when there is a statutory subrogation and the security of the obligee is lost or diminished by the obligee's intention or negligence, the subrogation may receive reimbursement due to the loss or reduction thereof.