보증계약무효확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The pertinent Plaintiff between the parties is the wife of C who operated an individual company under the trade name of “B.”
The defendant is a corporation established based on the Regional Credit Guarantee Foundation with the aim of facilitating financing and contributing to economic revitalization of Chungcheongnam-do through efficient management and operation of credit information by guaranteeing obligations of small enterprises, etc. with weak growth potential and good credit standing.
On April 29, 2009, the credit guarantee and joint and several guarantee agreement C between the Plaintiff and the Defendant entered into a credit guarantee agreement with the Defendant for non-bank loans of KRW 30,000,000 and the credit guarantee period, respectively, on April 25, 2014, and the Plaintiff jointly and severally guaranteed obligations under the credit guarantee agreement that C bears with the Defendant.
(2) On February 17, 2014, the Plaintiff’s subrogation made a substitute payment of KRW 30,104,424 under the instant credit guarantee agreement against the Defendant on the part of the Plaintiff.
[Based on recognition] In accordance with Article 3(1)2 of the Criteria for the Operation of Joint and Several sureties established by the Defendant, the spouse of the representative among the persons who are admitted to a private company shall be allowed to be admitted only to a person who directly participates in a business management or owns a place of business, as well as a person who directly participates in the business management of the private company.
However, the plaintiff did not work at the workplace operated by the husband C or participated in the management thereof.
The purport of the instant entry provision is to restrict scambling loans and prevent the dissolution of healthy homes.
The defendant participates in corporate management or does not own any workplace.