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(영문) 서울고등법원 2018.07.18 2017나2066993
구상금
Text

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

1. The reasons for this court's decision regarding this part of the facts of recognition are as follows: (a) the corresponding part of the judgment of the court of first instance (from the third to the fifth to the fifthhh) is "A Co-Defendant Company of the court of first instance"; (b) "Defendant A" is "Co-Defendant A of the court of first instance"; (c) "Defendant B" is "Co-Defendant B of the court of first instance"; (d) "Defendant B" is the same as the corresponding part of the judgment of the court of first instance, except where "Defendant C" is deemed to be "Defendant Co-Defendant B of the court of first instance"; and (e) "Defendant C" is the same as the corresponding part of the judgment of the court of first instance.

2. One of the multiple joint and several suretiess who have determined the cause of the claim may claim reimbursement against the other joint and several sureties, “if he/she performs performance in excess of his/her own share,” and if there is no special agreement as to the share apportionment among the joint and several suretiess, he/she shall be liable for the equal share ratio.

In such cases, the joint and several sureties who jointly obtained immunity due to repayment may claim reimbursement within the smaller amount between the withdrawn amount and the amount of joint immunity, and the scope of this right to indemnity shall include the statutory interest and other expenses that cannot be avoided after the date of exemption.

The joint and several liability obligations of Co-Defendant A in the first instance trial for the Seoul Guarantee Insurance, the facts that the Plaintiff, Co-Defendant B in the first instance trial, and the Defendant jointly and severally guaranteed are as seen earlier, and there is no proof as to the fact that there was a special agreement between the joint and several sureties on the share ratio, and the joint and several sureties bear the burden at their equal ratio (1/3

As seen earlier, the Plaintiff’s amount of principal and interest on the Seoul Guarantee Insurance as of the date of repayment is based on the rate of 6% per annum from September 10, 2016 to September 27, 2016, with respect to the principal and interest of KRW 341,421,00 for principal and interest as of September 27, 2016, as seen earlier.

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