채무부존재확인
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. From March 6, 2017 to February 23, 2018, the Plaintiff served as the representative director of a stock company B (hereinafter “B”).
B. B between the Defendant and the Defendant on June 7, 2017, approved that B applied the Defendant’s loan transaction terms and conditions, and the Defendant entered into a loan transaction agreement with the content that B is to obtain a loan by setting the loan rate at 10% per annum (hereinafter “the instant loan agreement”). The loan agreement was obtained from the Defendant, with a loan agreement of KRW 70 million.
C. On June 7, 2017, the Plaintiff, who was in office as the representative director B, concluded a specific debt guarantee contract with the Defendant that the Plaintiff is jointly and severally liable for the Defendant under the instant agreement (hereinafter “instant joint and several guarantee contract”). D.
On February 23, 2018, the Plaintiff resigned from the office of representative director B, and at that time notified the Defendant that the instant joint and several guarantee contract will be terminated following the resignation of representative director.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. Although the gist of the Plaintiff’s assertion entered into the instant joint and several guarantee contract at the time of the Plaintiff’s holding office as the representative director, there was a significant change in the circumstances at the time of establishment of the guarantee contract following the resignation of the representative director on February 23, 2018, and the Plaintiff notified the Defendant of the termination of the said joint and several guarantee contract at that time. Thus, the Plaintiff’s joint and several guarantee obligation under the instant loan agreement against the Defendant is no longer nonexistent.
B. Since the relevant legal doctrine is an officer of a company, a person who has become a guarantor for the company's obligations arising from continuous transactions between the company and a third party due to the company's demand has left the position of officer by withdrawing from the company thereafter.