(영문) 청주지방법원 2017.05.18 2015가단108093

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(영문) 청주지방법원 2017.05.18 2015가단108093

구상금

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1. The Defendant paid KRW 33,880,88 to the Plaintiff KRW 5% per annum from August 11, 2015 to May 18, 2017.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) borrowed KRW 100 million from D on October 17, 2008 at a maturity of November 28, 2008 and at a interest rate of 30% per annum (hereinafter “the debt of this case”) and the Plaintiff and the Defendant jointly and severally guaranteed the debt of this case by setting the guarantee limit as KRW 100 million.

B. On April 26, 2010, the Plaintiff paid KRW 95 million to D in order to repay the debt of the instant loan.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 7 evidence, witness D's testimony, the purport of the whole pleadings

2. The plaintiff's assertion is obligated to pay the amount of KRW 47.5 million (=95 million x 1/2) and damages for delay, since he/she discharged the defendant by paying more than the portion of the plaintiff's share of expenses.

3. Determination

A. In principle, there are several guarantors, in principle, there is a separate interest among them. However, if there are several guarantors, each of them becomes a guarantor by a separate juristic act, and each of them must pay the entire amount of each of the joint and several guarantors' joint and several sureties's obligation with no separate interest. However, in the internal relationship between the joint and several sureties, there is a share of the principal obligation which means a certain amount of share of the principal obligation, and the share of the burden, i.e., the share of the burden, as a matter of course, if there is a special agreement between them, they will be subject to the equal rate of each of them unless there is a special agreement.

Therefore, when one of the joint and several sureties has repaid more than his share, he may claim reimbursement against other joint and several sureties: Provided, That with respect to a person who has already repaid one of the other joint and several sureties, he cannot claim reimbursement for the portion of his share, and therefore he has not paid it yet except for it.

유사 판례

-대법원 1993. 5. 27. 선고 93다4656 판결

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-대법원 1990. 3. 27. 선고 89다카19337 판결

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