근저당권말소
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 concerning this case is as follows, and the reasoning for the court’s explanation is as stated in the reasoning of the judgment of the court of first instance except for the defendant’s additional determination of the assertion added by this court, and thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.
Part 6 of the judgment of the court of first instance is changed to "D Co., Ltd., for which H, the third child of the plaintiff, was in office as the representative director."
Part 4 of the decision of the first instance court is " May 7, 2017" in Part 8 as " May 17, 2007".
2. The defendant asserts that since the extinctive prescription of the claim for indemnity against the plaintiff's principal debtor D Co., Ltd. has expired, the plaintiff's joint and several obligation claim against C has expired in accordance with the principle of influence. Thus, the plaintiff asserts that there is no preserved claim seeking cancellation of the right of collateral in subrogation of C against the defendant.
On the other hand, in case where the extinctive prescription of a claim is completed, a person who can be invoked as a matter of principle is only a person who receives the extinctive prescription benefit directly, and the garnishee of a creditor subrogation lawsuit cannot exercise it (see Supreme Court Decision 2001Da10151, Feb. 12, 2004). Thus, the extinctive prescription of a joint and several surety claim against the plaintiff C, as alleged by the defendant, has expired
However, the defendant who is in the status of the third obligor in the creditor subrogation lawsuit of this case cannot be invoked, and the above argument of the defendant is without merit without further review.
3. According to the conclusion, the judgment of the first instance is justifiable, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.