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(영문) 수원지방법원 2018.07.11 2015나2215

구상금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The reasoning of the judgment of the court of first instance for the acceptance of the instant case is that the part of the judgment of the court of first instance regarding the “determination of Defendant C, F, D, and G’s assertion” in the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications. The Defendants’ assertion made by the Defendants are “A”

The Defendants are not liable for reimbursement, since they were forced to stand as a joint and several surety on the guarantee limit agreement of this case as an executive officer. However, they were forced to retire thereafter and lost their status as executive officer, and notified the Plaintiff of the termination of the said joint and several surety contract before the instant lawsuit is instituted.

The continuing guarantee of relevant legal principles is unfair in light of the good faith and the good faith principle to maintain and maintain the guarantee contract as it is, in cases where there are justifiable grounds, such as the guarantor’s reliance on the principal debtor is broken. Therefore, barring any special circumstances, the guarantor may terminate the guarantee contract.

At this time, whether there exists a justifiable reason to terminate a guarantee agreement shall be determined by comprehensively taking into account various circumstances, such as the background leading up to the guarantee, relationship between the principal debtor and the guarantor, contents and period of the guarantee agreement, specific progress of debt increase, size of debt increase, trust of the principal debtor, whether and to the degree of loss of trust of the principal debtor, change in the status of the guarantor, status of the creditor and the guarantor, status of

If a joint and several surety retires from the company and leaves from the position of an officer or employee because he/she has been in the position of an officer or employee of the company, he/she will continue to maintain the status of the joint and several surety by significantly changing the circumstances constituting the basis of the joint and several surety contract.