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(영문) 서울중앙지방법원 2016.06.29 2016나11386

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, except for the case mentioned in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the 2nd page of the judgment of the court of first instance, the 11st “stock company B (hereinafter “Nonindicted Company”)” is regarded as “stock company C” (hereinafter “Nonindicted Company”).

B. On the 2nd page of the judgment of the court of first instance, “Plaintiff” in the 15th sentence shall be deemed to read “Plaintiff (Plaintiff Co., Ltd. D before the modification)”.

C. Part VII of the judgment of the court of first instance, the first to 5 of the first to 7 of the judgment "shall be held liable for guarantee as well as as reasonable."

“(The legal nature of the instant guarantee agreement cannot be viewed as a renewal guarantee for which the legal nature of the instant guarantee agreement extends the term of guarantee, so long as the instant guarantee agreement is newly issued by the Defendant through the extension of the term of guarantee of the former guarantee agreement even if the Defendant did not establish the Defendant’s guarantee obligation based on the Gu newsletter or is exempted from the liability for guarantee,” as long as the instant guarantee agreement is newly issued by the Defendant, it cannot be deemed that the Plaintiff’s guarantee obligation for the newly implemented loan based on the instant guarantee agreement is not established or the liability for guarantee is exempted.”

3. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.