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(영문) 서울고등법원 2015.10.20 2015나2010484

연대보증 채무금

Text

1. The part against Defendant B and D among the judgment of the court of first instance is revoked, and the plaintiff's status corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On May 19, 2009, the Plaintiff, who entered into a contract for supply of agricultural products and is entrusted with the sale of agricultural products, etc., shall be the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(i) continuous agricultural product transaction contracts (hereinafter referred to as “instant contract”) between them;

Upon entering into the instant contract, Defendant B (the representative director of Defendant A at the time), C (the actual manager as the husband of Defendant F, the representative director of Defendant A), and D (the mother of Defendant C) jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the instant contract without any limit. 2) Meanwhile, the Plaintiff and Defendant A agreed to pay the goods within 30 days from the date on which the Plaintiff received the goods from the Plaintiff, and to pay a fine for negligence in accordance with the interest rate set by the Plaintiff from the date on which the suspension of transaction was imposed.

(A) evidence Nos. 1, 6, and 7). (b)

On May 20, 2009, Defendant D created a collateral security right on Defendant D’s real estate. In order to secure Defendant A’s obligation to the Plaintiff on May 20, 2009, Defendant D owns one-half of his own share of 793m2 (hereinafter “instant land”).

(2) The registration of the establishment of a neighboring mortgage was cancelled on September 9, 2011, where the debtor was the Defendant A, the mortgagee of the right to collateral security, and the maximum debt amount of KRW 150 million.

However, in order to guarantee Defendant A’s obligation to the Plaintiff, Defendant D again made the debtor the Plaintiff as the Plaintiff, and completed the registration of creation of a mortgage covering the maximum debt amount as KRW 500 million on September 28, 201 with respect to the instant land, and on May 29, 2012, the registration of creation of a mortgage covering the maximum debt amount as KRW 600 million.

C. The replacement of Defendant A’s representative director and the replacement of joint and several sureties B is the Defendant on April 27, 2009.