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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. Basic facts
A. On October 9, 2009, C lent KRW 80 million to D as of April 30, 201, with the due date set as of April 30, 201, and the Plaintiff and the Defendant jointly and severally guaranteed the above loan obligations against D (hereinafter “instant obligation”).
B. D over several occasions from November 9, 2009 to November 10, 201, through an account in the name of the Defendant and two other parties, performed part of the instant debt to C. The instant debt to D remains 4,2950,000 won as of May 27, 2014.
C. From November 13, 2014 to December 23, 2014, the Plaintiff paid a total of KRW 4,2950,00 to C as a joint and several surety for the instant debt of D three times in total.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings
2. Determination
A. In principle, where there are several guarantors to judge the cause of the claim, there is a separate benefit among them. However, when several of them are joint and several sureties, each person becomes a guarantor for separate juristic acts, and even if there was no joint and several special agreement between the guarantors (guarantee joint and several sureties), each creditor has to pay the entire amount of his/her obligations without having any separate benefit. However, in the internal relationship between the joint and several sureties, there is a share of the principal obligation which means a certain amount of money to share the goods on the principal obligation. In other words, there is a special agreement among them, the share of the burden shall be naturally imposed on each of them, unless otherwise stipulated.
Therefore, when one of the joint and several sureties has repaid in excess of his/her share, another joint and several sureties can be claimed for reimbursement.
(See Supreme Court Decision 93Da4656 delivered on May 27, 1993). D’s debt of this case against D is jointly and severally guaranteed by the Plaintiff and the Defendant, and D’s debt of this case is partially repaid and the debt of this case remains 4,2950,000 won.