A joint guarantor of a money borrower shall claim the repayment of interest exceeding the interest rate prescribed by the Ordinance on Transplant Restriction.

Even if a substitute repayment was made for a transplant debtor who exceeded the interest rate prescribed by the transplant Restriction Ordinance, such person may not raise an objection against the debtor.

Article 2 of the Transplant Restriction Decree

Kim beneficiary-young

Gu Self-employed et al.

Seoul High Court Decision 58 civilian 873 delivered on December 18, 1958, Seoul High Court Decision 2007Da873 delivered on December 18, 2008

Since the provision of Article 2 of the Decree that the portion exceeding the interest rate of the transplant restriction Decree is null and void, the repayment claimant can not claim reimbursement against the debtor even if the debtor repays the invalid invalid transplant loan on behalf of the debtor, according to the reasoning of the original judgment, the defendant's order is jointly and severally liable for the joint and several surety of the plaintiff and the non-party Park Jong-hee to pay the interest rate of KRW 120,000 with the interest rate of KRW 10,000 on December 1, 1956 and the interest rate of KRW 100,000 with the interest rate of KRW 20,000 on the same year, and the plaintiff was jointly and severally liable for reimbursement of the interest rate of KRW 60,000 with the interest rate of KRW 10,000 on the non-party's transplant on July 1, 1957, and the plaintiff's repayment of the interest rate of KRW 20,000 with the interest rate of KRW 20,000.

Justices Go Jae-ho (Presiding Justice) Mah-ho (Presiding Justice)