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(영문) 서울고등법원 2019.09.25 2018나2068521
양수금 등 청구의 소
Text

1. Of the judgment of the first instance, the Plaintiffs and the Defendant, including the selective claim of Plaintiff B added by this court.

Reasons

1. The reasoning of the judgment that the court should explain in this part of the underlying facts is the same as the reasoning of the judgment of the first instance except for the corresponding part among the “1. Basic Facts” in the judgment of the first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The "Defendant C" shall be deemed to be "Defendant", and "Defendant D" shall be deemed to be "Co-Defendant D of the first instance trial".

Part 4. Deletion 8.

2. Determination as to the claim of the Plaintiff Company

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff company the amount of reimbursement equivalent to the amount of subrogated payment in relation to the debts of the first and second loans and the debts of the second loans, unless there are special circumstances.

B. The Defendant asserts that “The claim of indemnity amount equivalent to the amount of subrogated for the second loan against the Defendant of the Plaintiff Company is exercised in subrogation of the Plaintiff Company’s second loan claims, which are commercial claims, and thus, the claims of the E’s second loan claims are transferred to the Plaintiff Company and they are exercised without being identical. Therefore, the extinctive prescription should also be based on the E’s second loan claims itself. However, the instant lawsuit seeking the payment of indemnity claims is filed on October 31, 2017, which was five years after the due date of the payment of the second loan claims, from June 30, 2012, which was five years after the due date of the commercial prescription period.”

However, the claim for indemnity due to the subrogation of the second loan against the defendant of the plaintiff company is not the same as the claim for the second loan, but is a separate independent right recognized by the Civil Act due to the subrogation of the plaintiff's repayment. As to the extinctive prescription, the ten-year extinctive prescription period is applied to general claims under the Civil Act. The above claim for indemnity is maintained in the same manner as the claim for the second loan and its extinctive prescription is maintained.

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