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(영문) 서울고등법원 2017.04.07 2016나2043986
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the first instance court’s judgment is identical to that of partial revision. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

o No. 6 of the first instance court decision, the “instant I shares” in Part 20 has been changed into “instant E shares”.

o No. 6 of the judgment of the first instance court No. 8 and “the date of creation of the above-mortgage” are added to “it is difficult to obtain a hot spring in order to separately establish the instant collateral security right in the future of the Plaintiff, even though the physical security was provided in the name of the deceased agricultural cooperative with respect to the loans of KRW 500 million in this case.”

o The following shall be added to not more than 20 pages 8 of the first instance court judgment:

“The Plaintiff asserts that the Plaintiff shall be reimbursed the instant loan from E inasmuch as the said KRW 500 million has occurred as the Plaintiff by subrogated for the said loan obligation by the J. However, in receiving the loan from the financial institution, the Plaintiff also claims that the Plaintiff shall be reimbursed for the instant loan. However, in a case where a third party uses his/her name in the financial institution, regardless of whether the third party is liable as the principal obligor to the financial institution that is the creditor, it cannot be said that the joint and several surety, as a matter of course, bears the obligation of indemnity as the principal obligor with respect to the joint and several liability for the joint and several liability who is not the principal obligor, regardless of whether the third party is liable as the principal obligor to the financial institution that is the creditor. The said joint and several surety, as a matter of course, guaranteed that the third party is believed to be the principal obligor, or fulfilled the obligation of indemnity with respect to the third party as a reason attributable to the third party, is liable to the third party (see, e.g., Supreme Court Decisions 2002Da47631, Dec. 10, 294.).

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