(영문) 춘천지방법원 2015.02.11 2014가합635

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(영문) 춘천지방법원 2015.02.11 2014가합635

채권자 대위권에 기한 구상금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 21, 1995, Gangseowon Bank Co., Ltd. (hereinafter “Seowon Bank”) concluded a loan agreement with the Defendant as the debtor (hereinafter “the instant loan”). On December 22, 1995, the network B (hereinafter “the network”) completed the registration of establishment of mortgage on the land outside 12 parcels of land owned by the Deceased on December 22, 1995 (hereinafter “the instant real estate”).

B. After that, around October 20, 2005, the real estate auction procedure was commenced as Chuncheon District Court D with respect to the instant real estate. On July 25, 2006, the non-party bank received dividends of KRW 329,042,175 as a mortgagee at the above auction procedure.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 and 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s heir as the obligee against the Deceased (hereinafter “the deceased”) (hereinafter “the deceased’s heir”).

2) The Deceased acquired the claim for indemnity due to the subrogation of the surety against the Defendant, on the ground that: (a) auction was conducted on the instant real estate provided by the Deceased as security for the obligation of the instant loan; and (b) the principal and interest of the instant loan was repaid in KRW 329,042,175; and (c) the Deceased acquired the claim for indemnity due to the subrogation of the surety to the Defendant.

3. Therefore, the defendant is obligated to pay the above indemnity amount to the plaintiff who exercises his claim against the defendant on behalf of the deceased in excess of his liability, and the above indemnity amount of KRW 329,042,175 and delay damages.

B. The Defendant’s assertion is the deceased’s actual principal debtor of the instant loan, and the Defendant merely lent the name of the borrower to the deceased, and the Defendant does not bear any liability for compensation in an internal relationship with the deceased.

3. Determination.

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