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Reasons
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(영문) 광주지방법원 2018.04.12 2017가합1563
대위변제금
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 4, 2015, a notary public drafted and issued a certificate No. 906 of the 2015 deed (hereinafter “instant certificate”) with the commission of C, Defendant A (hereinafter “Defendant A”), Plaintiff, and Defendant B, which states the following (hereinafter “instant certificate”).

With respect to the Etel construction project in Gwangju Metropolitan City Mine-gu D (hereinafter referred to as the "project"), the creditor C shall be referred to as the "A", the executor of the project and the debtor-debtor to the "B", the Si Corporation and the joint guarantor to the Dispute Resolution Committee shall be referred to as the "A", and the "A" shall be referred to as the "A", and the "A" which is the joint guarantor and the owner of the project site and the joint guarantor shall be agreed and implemented as follows:

1. The specific “B” of the joint and several liability debt amount shall be paid to “A” 720 million won, on condition that the remaining KRW 220 million shall be paid by December 30, 2015 until December 30, 2015, and the remaining KRW 500 million shall be paid by October 30, 2016, and the disease is specified as joint and several sureties.

(Omission)

2. Matters agreed and implemented;

(a) c.;

(Omission)

E. As to the payment of KRW 720,000 to be made by “A” to “A”, the “A” and “A” are joint and several sureties, and the “A” shall be exempted from the joint and several sureties liability upon completion of the approval

Therefore, “A” cannot demand all reimbursement to “A” after approval for sale.

(f) g. H.;

(Omission) Creditor A: A’s corporate debtor and joint and several sureties B: Defendant A’s corporate representative and joint and several sureties B: Defendant A’s corporate representative and joint and several sureties B

B. C filed a lawsuit against the Defendants and the Plaintiff seeking the performance of the obligation for joint and several liability based on the instant certificate (720,000,000) and the amount of the obligation for joint and several liability (see, e.g., Gwangju District Court 2016Gahap57651, hereinafter “prior action”), and the said court below’s decision in lieu of conciliation on June 14, 2017 as follows.

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