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(영문) 대전고등법원 2016.04.21 2014나13592

보증채무금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows: (a) No. 7 of the terms and conditions of “Article 13 related to immunity” of the first instance judgment No. 413 is as follows; (b) No. 5 is as follows; (c) No. 7 is as follows; (d) “No. 16” of the first instance judgment as “No. 16; and (e) April 13, 2012,” “No. 13, 2012,” and “Article 16” of the third instance judgment as “Article 20”; and (c) the same part is as stated in the reasoning of the first instance judgment, except as otherwise determined in the second instance judgment, as to the assertion that the Plaintiff emphasized or added in the trial, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The scope of the application of Article 1 (1) The terms and conditions are applied to electronic guarantee certificates sent to creditors by the report under the Convention on the Management of Electronic Guarantee, etc. concluded between the Korea Technology Finance Corporation (hereinafter referred to as the “Korea Technology Finance Corporation”) and a loan-handling institution (hereinafter referred to as the “creditor”).

Article 19 (Operation of Guarantee Special Agreement) The Guarantee Special Agreement is applied in preference to this Agreement.

(2) In conducting business of lending, acquiring collateral, etc., a creditor shall perform the contents of a special agreement for guarantee with the care of a good manager.

(3) The term "facilities" used in a guarantee special agreement means movable and immovable property created or acquired by a non-loan (including debtor's own funds).

(4) If there is a special contract to terminate the whole amount or at least a certain ratio of the guaranteed contract, I shall terminate the whole amount or a certain ratio of the guaranteed amount regardless of the appraisal of the facilities and the assessed value of the

Article 20. (1) Exemptions. (1) In any of the following cases, the Insured shall not be liable for all or part of the guaranteed obligation:

1. Where he/she violates the terms and conditions of a credit guarantee (including a special agreement for a guarantee);

2. Determination as to the plaintiff's assertion of the party deliberation committee

A. The plaintiff's assertion that the conditions of guarantee are not satisfied.