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(영문) 서울중앙지방법원 2016.07.13 2016나23501

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 reasons for the court’s explanation of this case are as stated in the part of the judgment of the court of first instance, except for an additional determination as to the Defendant’s assertion as to the failure of a credit guarantee contract under the main sentence of Article 420 of the Civil Procedure Act.

2. The additional part is established by the Defendant only when the credit guarantee relationship under Article 5(1) of the Credit Guarantee Terms and Conditions satisfies all of the following requirements:

1. The loan shall be treated in compliance with the credit guarantee conditions;

2. The loan will be carried out after the date of notification of the credit guarantee;

3. The term “a loan shall be executed in whole or in part within 60 days from the date of notification of the credit guarantee” provides that “if all the credit guarantee conditions are not met within 60 days from the date of notification of the credit guarantee, the credit guarantee relationship itself shall be interpreted as not being established.” However, since the contents of the credit guarantee agreement in this case (the full repayment of the loan in this case) have not been satisfied within 60 days from the date of notification of the credit guarantee (the full repayment of the loan in this case) and the Defendant did not have a credit guarantee relationship between the original and the Defendant.” Unlike subparagraph 2, subparagraph 1 of the Plaintiff’s loan implementation period for the non-party company is stated as “a loan shall be treated in conformity with the credit guarantee conditions,” the meaning of “a loan shall be treated in compliance with the credit guarantee conditions, as alleged by the Defendant, within 60 days from the date of notification of the credit guarantee, and the full repayment of the loan in this case shall not be interpreted as “the full repayment of the loan in this case.”