(영문) 서울고등법원 2018.07.17 2017나2065303

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크기(pt)

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자간(%)

(영문) 서울고등법원 2018.07.17 2017나2065303

구상금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts and

2. The reasoning of this court’s judgment as to the cause of claim is as stated in each of the above parts of the reasoning of the judgment of the court of first instance, and thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act

3. Judgment on the defendant's assertion

A. Determination 1 on the Defendant’s assertion that the actual principal debtor of KRW 300 million is the Plaintiff) KRW 300 million out of the Defendant’s debt of loans to the Defendant’s foreign exchange bank, or the remainder of KRW 300 million is the Defendant’s debt or the Plaintiff’s remainder of KRW 300 million in the name of the Defendant for remodeling construction of the F building around 2007.

(2) The Defendant is obligated to compensate the Plaintiff for the entire amount of KRW 300 million as a joint and several surety, regardless of whether the principal obligor is liable to the financial institution that is the creditor, in a case where a third party obtains a loan from a financial institution related to the relevant legal doctrine and allows the third party to use his/her own name, the joint and several surety who is performing joint and several liability, as a matter of course, cannot be deemed liable to compensate as the principal obligor for the joint and several surety, regardless of whether the joint and several surety is liable to the financial institution that is the creditor, and the joint and several surety assumes the obligation to compensate as a principal obligor. The joint and several surety assumes the third party’s belief that the third party is the actual principal obligor, and the third party is liable to compensate for the entire amount of the principal obligor as a joint and several surety, and the third party is deemed to be liable to the third party as a joint and several surety (see, e.g., Supreme Court Decisions 98Da22451, Oct. 22, 199; 202Da473612, etc.).

Supreme Court Decision 2007Da75648 Decided April 24, 2008 and Supreme Court Decision 2007Da75648 Decided April 24, 2014.

참조조문

-민사소송법 제420조

참조판례

-대법원 1999. 10. 22. 선고 98다22451 판결

-대법원 2002. 12. 10. 선고 2002다47631 판결

유사 판례

-의정부지방법원 2016.02.16 2015나7528

-대구지방법원서부지원 2015.03.04 2013가단29893

-대전고등법원 2018.06.20 2017나13906

-대법원 2002. 12. 10. 선고 2002다47631 판결

-서울고등법원 2017.04.07 2016나2043986