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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 18,637,030 as well as its full payment from March 4, 2014.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2 (including additional numbers):
C, under the Defendant’s joint and several sureties’s joint and several sureties, was granted a loan with a rate of 14% per annum on February 22, 1996 and the due date of repayment on December 31, 1997, with an additional rate of 17,00,000 won on February 29, 196 and with a maturity of 14% per annum on January 31, 1998, and was granted a loan with a maturity of 9,00,000 won on March 19, 196 as the interest rate of 14% per annum and as the due date of repayment on February 28, 1998.
(hereinafter referred to as “existing loans”) b. 31,00,000 won for loans three times.
On June 23, 2001, the Defendant borrowed 13,000,000 won from the site agricultural cooperatives under the Plaintiff’s joint and several sureties (hereinafter “instant loan”) at the interest rate of 5% per annum and the due date of payment on June 24, 201.
C. The Defendant did not repay the instant loan, and the Plaintiff subrogated 18,637,030 won with interest added to the principal of the instant loan on February 6, 2014.
2. Determination:
A. According to the above facts, the defendant is obligated to pay as the principal debtor the amount subrogated by the plaintiff as a joint guarantor to the plaintiff as a joint guarantor, unless there are special circumstances.
B. In the process of repaying the Defendant’s claim, the Defendant entered into a three-party agreement with the Plaintiff, the Defendant, and the Defendant to receive the instant loan and repay the existing loan, and the instant loan was finally responsible for the Plaintiff (hereinafter “instant agreement”). The Plaintiff merely paid the instant loan by subrogation to the Plaintiff for the purpose of ultimately taking responsibility after the Plaintiff jointly and severally guaranteed the instant loan in accordance with the instant agreement, and thus, there is no obligation of reimbursement against the Plaintiff.