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Civil Act — Article 442 (Right of preliminary reimbursement of fiduciary surety)

민법 제442조

(1) A surety who has become such at the request of the principal obligor may exercise in advance his or her right of reimbursement against the principal obligor in one of the following subparagraphs:

1. When a surety has, without his negligence, had judgment entered against him or her ordering performance to the obligee;

2. If the principal obligor has been declared bankrupt, and the obligee does not participate in the bankrupt estate;

3. If five years have elapsed after the conclusion of the contract of suretyship, where the time for the performance of the obligation is uncertain and even its maximum duration is unascertainable;

4. If the time for the performance of the obligation has arrived.

(2) In the case of subparagraph 4 of the preceding paragraph, no time granted by the obligee to the principal obligor after the conclusion of the contract of suretyship can be set up against the surety.

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