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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
The reasoning for this Court’s explanation concerning this case is that the joint and several obligors, who take the third, fourth, and fifth fifth of the judgment of the court of first instance, are “joint and several guarantors,” and the reasoning for the judgment of the court of first instance is as stated in the column of reasoning for the judgment of the court of first instance, except for adding the following judgments. As such, they are cited by the main text
The Defendant’s assertion as to the Defendant’s assertion was the joint and several sureties at the time of borrowing KRW 30,00,000 from G on September 29, 201 (hereinafter “the instant primary loan”). On September 30, 2014, the Plaintiff borrowed KRW 36,30,000 from H (hereinafter “the instant secondary loan”) and repaid all the FF Company’s obligations to G, and thus, the instant primary loan was extinguished. The Defendant did not jointly and severally guarantee the instant secondary loan, and thus, is not obligated to pay the Plaintiff indemnity.
All of the loans of this case were used for the interest of F Co., Ltd., and its legal effect belongs to F Co., Ltd., so the defendant is not obliged to pay the indemnity to the plaintiff.
Judgment
The joint and several sureties shall bear the obligation to the creditor jointly with the principal obligor, and if the guarantor has discharged the obligation to the creditor in excess of his share and the principal obligor or other joint and several sureties has discharged the obligation, he may exercise the right of indemnity against the portion to be borne by other
In light of the above legal principles, the defendant recognized that the defendant jointly and severally guaranteed the first loan of this case with co-defendant B, C, E, etc. of the first instance court. The plaintiff's claim of this case against the defendant of this case was made by lending the first loan of this case from H, and the defendant was also exempted from liability.
Therefore, the defendant shall pay the principal and interest of the first loan of this case in full.