[물품대금][집31(4)민,38;공1983.10.1.(713),1327]
In the event that a collateral security is created at the same time as a collateral security is guaranteed for a product-price obligation arising from a continuous transaction, the scope of the collateral security;
The guarantor shall guarantee the obligation for the purchase-price of goods that arise in the future due to a continuous transaction based on a contract for the establishment of a special contract for sale, and shall register the creation of a collateral for the real estate owned by the guarantor in order to secure the unspecified debt: Provided, That in the case of setting the maximum debt amount according to the appraisal result for the mortgaged real estate after the next day, even if the guarantee is jointly and severally guaranteed all the obligations under the text of the guarantee, if the guarantee is made at the same time as the same document with the consent to provide the security, and if the establishment of a collateral has been completed by setting the maximum amount of the collateral according to the appraisal result for the mortgaged real estate thereafter, the scope of the
Articles 428, 429, and 357 of the Civil Act
Supreme Court Decision 77Da2052 Decided January 17, 1978, 72Da921 Decided November 18, 1972
[Defendant-Appellee] Kim Jong-gu, Counsel for defendant-appellee
Attorney Lee Dong-young, Counsel for the defendant-appellant
Daegu High Court Decision 81Na1540 delivered on November 2, 1982
The judgment below is reversed, and the case is remanded to the Daegu High Court.
Each of the grounds of appeal by Defendant Attorney are examined together.
According to the reasoning of the judgment below, on December 29, 1972, the court below concluded a contract with the non-party (the co-defendant of the court of first instance) for the installation of a special contract for the sale of electronic equipment produced by the plaintiff from August 10, 1979 to January 31, 1981 among the supply of the plaintiff's electronic equipment to the non-party from that time. The court below rejected the plaintiff's claim that the above non-party's joint and several liability amount should be limited to the maximum debt amount of 52,285,872 won (such as 53,352,338 won, or 1,066,466 won, or 1,066 won, of inventory goods returned to the plaintiff) and the above non-party's joint and several liability amount should be limited to the debt amount arising from transactions continued by the plaintiff on November 26, 1974.
However, the issue of whether the principal obligation secured by the secured debt of the right to collateral security and credit guarantee is separate from the principal obligation in the event that the same person has guaranteed the future debt incurred from the continuous credit transaction relationship, and as a result, in order to secure the unspecified debt, the issue of whether the secured debt of the right to collateral security and the principal obligation secured by the credit guarantee are guaranteed by the said credit guarantee is an interpretation of the intent of the contracting parties. According to the evidence cited by the court below, the person who has entered into a contract for the establishment of the right to collateral security with the Plaintiff shall provide cash, real estate, and other property as security to secure all the obligations arising from the contract, with cash payment at the same time as the delivery of the goods: Provided, That if the amount of credit exceeds the maximum amount of collateral security, the additional collateral is obtained, and the defendant, on November 26, 1974, provided the Plaintiff with a written consent of the court below to establish a collateral security within the scope of 10 days and 20 days as well as one of the above maximum debt amounts, which the Defendant shall bear with respect to the Nonparty’s real property under its name and 16.
Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court, Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)