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(영문) 대법원 2013.01.31 2012다102087

구상금

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

In full view of the adopted evidence, the court below acknowledged the following facts: (a) between the Plaintiff and the Joint Defendant A Co., Ltd. of the first instance trial; (b) the Plaintiff agreed to guarantee the repayment of the principal and interest of the loan to the Korea Housing and Commercial Bank when the Plaintiff received each loan from the Korea Housing and Commercial Bank (a merger with a Korean National Bank Co., Ltd.); (c) the Co., Ltd. of the first instance trial agreed to guarantee the repayment of the principal and interest of the loan; (d) the joint Defendant B and the Defendants jointly and severally guaranteed the obligations of the Korea Housing and Commercial Bank related to the above credit guarantee agreement; and (e) the Plaintiff was unable to repay the principal and interest of the loan as it was at the expense of the parties, and determined that

On the other hand, the court below did not require the plaintiff to make a substitute payment due to the repayment of all loans to the National Bank of Korea through conversion of apartment houses offered as security by A in lots and voluntary auction.

The defendants E did not hear the explanation of the contents at the time of the above joint and several sureties, and rejected all the defendants' arguments that the above joint and several sureties did not have the effect because they failed to meet the requirements of the guarantor.

In light of the records, the above judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding joint and several sureties, obligation to explain terms, abuse of rights, appropriation of performance, and extinguishment of guarantee liability, or by exceeding the bounds of the principle of free evaluation of evidence in violation

In addition, national banks, a stock company, have been relieved of liability by setting the time limit for guaranteeing obligations as stipulated in the Housing Finance Credit Guarantee Clause.