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(영문) 서울중앙지방법원 2019.04.26 2018나54356
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for this part of this Court is that the part of “1. Basic Facts” of the judgment of the court of first instance is the same as that of the corresponding part, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 18th 10th 1st 1st 1st 1st 1st 2th 1st 2th 2th 2th 1st 2th 2th 2th 2th 2th 2th 200.

6 pages 3 of the first instance court's decision (based on recognition) shall add "A evidence 2-1 and 2."

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion did not provide a joint and several surety for each of the loans of this case against the defendant Eul, and the plaintiff jointly and severally guaranteed for the claim amount based on the credit guarantee agreement of this case concluded with the F (management agency: defendant D). Thus, the plaintiff has no obligation to repay each of the loans of this case to the defendant Eul.

In addition, even though F abolished the joint and several guarantee system on July 16, 2012, Defendant D, the management agency of F or F, did not notify the Plaintiff of the abolition at the time of the change of credit guarantee around June 2014, and deceiving the Plaintiff. In addition, Defendant C, who dealt with the change of credit guarantee on behalf of F, threatened the Plaintiff that if the Plaintiff did not stand joint and several guarantee at the time of the change of credit guarantee, the Plaintiff would be forced to repay other loan obligations in the name of the Plaintiff in addition to each of the instant loans, and eventually, in the process of debt acquisition, the Plaintiff had the Plaintiff jointly and severally guaranteed the liability for indemnity based on the credit guarantee agreement

Therefore, the plaintiff's declaration of intention of joint and several sureties for the obligation of the indemnity amount shall be revoked by serving a duplicate of the complaint or a copy of the application for modification of the purport and cause of the claim

Nevertheless, Defendant C was reimbursed KRW 71,297,978 from the Plaintiff, and Defendant D was relieved of subrogation against Defendant C due to the Plaintiff’s repayment, so the Defendants were jointly and severally liable for such payment.

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