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(영문) 대법원 2019.08.14 2019다216435
구상금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court rejected the Defendant’s assertion that the Defendant, who was jointly and severally liable, was exempted from solidarity from the Korea Land and Housing Corporation as the obligee.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the probative value of disposal documents, and exemption from solidarity, or by failing to exhaust all necessary deliberations, which affected the conclusion of the

2. As to the ground of appeal No. 3, Article 419 of the Civil Act recognizes the absolute effect of exemption, stating, “The exemption of obligation against one of the obligors is effective for the benefit of other obligors jointly and severally liable only in the obligor’s share.”

The purpose of this study is to simply avoid the circulation of the claim for reimbursement between the parties, and to simply facilitate the legal relationship as to the claim for reimbursement. The same purport should be respected even in cases where creditors partly exempt the obligor from the obligation to one of the obligors.

Therefore, barring special circumstances, even in the case of partial exemption, the absolute effect of exemption shall be recognized only for the exempted portion, unless there is a special reason to view that partial exemption of one of the obligors has a relative effect.

Where one of the obligors jointly and severally liable is exempt from part of the obligation, if the remaining obligation to be paid exceeds the share of the obligation, the proportion of the obligation of the obligors is not decreased, and the other obligors are not affected by the obligation of the other obligors, and thus, they shall bear the total amount of the obligation.

On the contrary, if the remaining debt amount of the person to be exempted by partial exemption is less than the portion to be borne, the difference (the portion to be borne - the remaining debt amount).

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