Text
1. The part against the plaintiff in the judgment of the first instance against the defendant shall be revoked, and the Jeonju District Court shall be supported by the Eup.
Reasons
1. The reasons for the court's explanation concerning this case are as follows, except for the addition of "2. Additional Judgment" as to the plaintiff's argument added in this court, the reasons for the second instance court's explanation is as stated in the second to fourth, fourth, and eight of the reasons for the second instance judgment. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The gist of the Plaintiff’s assertion is that F bears the obligation against the Defendant, and the Defendant bears the obligation against C Cooperatives, if C Cooperatives receives dividends of KRW 104,655,635 in accordance with the distribution schedule prepared in accordance with the distribution schedule prepared in the procedure for the auction of real estate E (hereinafter “instant auction procedure”), it can be deemed that F reduces the payment process and directly pays the Defendant’s debt to C Cooperatives, which are the Defendant’s creditors.
Even if it is difficult to regard it as the benefits of reduction, F, a surety, as a surety, shall acquire the claim for reimbursement against the Defendant, so it shall be offset against the Defendant’s claim for reimbursement of KRW 78,00,000 against the Defendant’s claim for reimbursement. Thus, the Plaintiff shall exercise the right of offset on behalf of F.
B. According to the reasoning of the lower judgment, the following facts are revealed: (a) each of the above evidence and Eul evidence and Eul evidence Nos. 1 and Eul evidence No. 5, and the purport of the entire arguments and arguments. Since F borrowed KRW 78,000,000 from the defendant around November 2004, it was found that the establishment registration of the second class of the instant case was completed on January 20, 2009 on behalf of the defendant to repay the debt of KRW 78,000,000 to the defendant; and (b) the distribution schedule prepared at the auction procedure of the instant case stated that C Cooperatives received KRW 104,65,635 as dividends; and (c) the Plaintiff filed a lawsuit of demurrer against the Defendant and C Cooperatives, and the Plaintiff at the first instance of January 9, 2018 to the Plaintiff.