연대보증인이 물상보증인을 겸하고 있는 경우 대위의 비율과 그 관련 문제들

The C1ause 2, Article 482 of the korean civil law does not say anything about the situation when a guarantor is also a mulsangbojeung-in(a person who pledge one's property to secure another's obiligation). So they have showed strong differences about the ratio of subrogation among guarantors, mulsangbojeung-ins and double-qualified persons. However, I support the opinion that a double-qualified person should be calculated for his share as one person(coexistence of guarantor and mulsangbojeung-in). Because it interpret the law literally and naturally, and there is no need to go too far theoretically, it also has the forseeability as well as the legal stability and it is impartial and simple and clear. Furthermore it coincides with practical demands and its drawbacks are not crucial. A special agreement different from item 5 of c1ause 2, article 482 between a mulsangbojeung-in and a guarantor is valid. They also should count insolvents out when they decide the ratio of subrogation. The ratio of subrogation must be decided by the payment day in cases when a mulsangbojeung-in or a double-qualified person transferred his property to the third party or when a guarantor became a double-qualified person through getting mulsangbojeung-in's property. However, the ratio of subrogation of a guarantor or a mulsangbojeung-in should not be divided in case of succession.