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(영문) 대법원 2014.08.26 2013다49428
담보물인도
Text

All appeals are dismissed.

The costs of appeal shall be borne by independent parties intervenors.

Reasons

The grounds of appeal are examined.

1. As to the first ground for appeal, it is very rare to accept the obligation under a contract with the obligee without the obligee’s request, and thus, in a case where the obligor and the underwriter are in a joint and several liability relationship with the obligor, and there is no subjective joint and several liability relationship due to the underwriter’s request, if there is no subjective joint and several liability relationship with the obligor.

(See Supreme Court Decision 2009Da32409 Decided August 20, 200). In addition, when one of the obligors jointly and severally liable has made the repayment or other joint discharge at his own expense, the right to demand reimbursement for the portion of the other obligors’ liability may be exercised. In such a case, the share to be borne shall be presumed to be equal, but if there is a special agreement between the obligors on the portion to be borne by the obligors or there is a difference in the ratio of each obligor’s profit in relation to the bearing of the obligation, the share to

The judgment below

According to the reasoning and records, as a contractor, the Plaintiff: (a) as an independent party intervenor (hereinafter “participating”), constructed condominiums and ancillary facilities on the instant project site as an executor; and (b) concluded the instant business agreement with the intent to sell the site and building as trust property; and (c) concluded the instant loan agreement with the said intervenor to raise the total amount of business funds, such as land and construction cost; and (c) upon the termination of the said business agreement, the said intervenor bears the obligation to immediately repay the principal and interest of the loan and other business investment expenses under the said loan agreement; and (d) the Plaintiff bears the obligation to complete and pay the instant obligation to sell the principal and interest of the loan and other business investment expenses in principle under the instant business agreement and loan agreement; and (e) if the Plaintiff fails to perform such obligation by the final repayment date, the said intervenor’s loan obligations.

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