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1. The Defendant shall pay to the Plaintiff KRW 27,946,090 as well as 20% per annum from August 7, 2014 to the day of full payment.
Reasons
1. Basic facts
A. In operating the boiler agent of the Daesung Industrial Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Defendant offered the Nonparty Co., Ltd. No. C208 Dong 201 (hereinafter “instant real estate”) owned by the Plaintiff as security and completed the registration of collateral security of the Defendant, the maximum debt amount of KRW 50,000,000 on October 22, 2002.
B. The Defendant, while operating an agency, did not pay the credit payment obligation of KRW 27,946,090 to the non-party company but did not pay the credit payment obligation. On May 27, 2003, the Plaintiff acquired the Defendant’s credit payment obligation, changed the obligor of the registration of the collateral security to the Plaintiff. The Defendant repaid all of the above debt from December 15, 2004 to March 31, 2005.
[Reasons for Recognition] Nos. 1 and 2 are not disputed between the parties or are described in Gap evidence
2. The parties' assertion and judgment
A. The plaintiff asserted that he subrogated the defendant's credit payment obligation to the non-party company, and the defendant is obligated to pay the repayment amount to the plaintiff, and the defendant asserted that the plaintiff's credit payment obligation to the non-party company is not possible to respond to the plaintiff's claim in this case because he voluntarily repaid the debt to the non-party company even though
B. The judgment is based on the following: (a) a person who has a legitimate interest in repayment is naturally subrogated to the obligee by payment (Article 481 of the Civil Act); (b) when a mortgager who has established a mortgage to secure another person’s obligation has discharged his/her obligation, he/she shall obtain the right to demand reimbursement against the obligor (Articles 370 and 341 of the Civil Act); and (c) as recognized earlier, the Plaintiff, as a person who has pledged his/her property to secure another person’s obligation to secure another person’s obligation, has a legal interest to be protected by subrogation as a matter of course in the status where the Defendant would be in execution