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Reasons
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(영문) 광주지방법원 순천지원 2018.05.15 2017가단9750
구상금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C and grandchildren are Nonparty D, and the Defendant is the mother of Nonparty E, and Nonparty D and Nonparty E were married on January 21, 2014, and they were divorced on November 2, 2016.

B. On September 8, 2015, the Defendant borrowed KRW 30,000,00 (hereinafter “the instant loan”) from the YYYYYY YYY YYYYYYYY (hereinafter “CFF”)

C. In order to secure the instant loan, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the debtor, Defendant, the maximum debt amount of which is KRW 36,00,000, and the secured mortgage as agricultural cooperative, with respect to the F apartment Nos. 204, 1006 (hereinafter “the instant apartment”).

On November 3, 2015, the Plaintiff paid KRW 30,469,520 in total with the repayment of principal and interest on the instant loan to Nonghyup.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the plaintiff subrogated to the principal and interest of the loan of this case in the position of the surety, and the defendant, the principal obligor of the loan of this case, is liable to pay the amount subrogated by the plaintiff and the damages for delay.

B. In a case where a third party has used his name in obtaining a loan from a financial institution 1, regardless of whether he is liable as a principal debtor with respect to a financial institution that is a creditor, he cannot be held liable for the indemnity as a principal debtor as a matter of course with respect to a surety who has performed a real guarantee obligation unless it is a principal debtor in substance.

However, it is necessary to impose liability on a third party on the third party for the belief that the third party is the actual principal debtor or for the obligation of guarantee.

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