구상금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
The reasoning of the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Defendant’s assertion 1) On July 26, 2018, the Defendant resigned from the position of inside director of D on the ground that he/she retired from the position of joint and several sureties. 2) At the time of the Plaintiff’s payment of insurance money to D, the Defendant filed an objection against the Plaintiff’s payment of insurance money. In such a case, the Plaintiff was negligent in taking measures, such as re-investigation into the grounds for payment of insurance money, and paid the insurance money without any measure, and thus, the Plaintiff’s
3) Since D, as the primary debtor, is responsible for the primary repayment of the Plaintiff’s obligation, the Plaintiff is required to first claim reimbursement against D and D’s joint representative director C and H, which are the primary debtor. (b) Determination 1) Cases where the guarantor is in the position of director of the company, and the guarantor’s liability can be limited only to the amount incurred when the guarantor is in the position of director due to joint and several liability for the company’s obligation due to the financial institution’s loan regulations, and the amount of the guarantor’s liability can be limited only to the amount incurred when the guarantor is in the position of director, such as comprehensive collateral guarantee or limited collateral guarantee, and when the company is in office as a director at the time of guarantee, the Plaintiff withdraws from the position of director after providing guarantee for the finalized amount of obligation
The guarantee contract may be terminated on the grounds of change in circumstances.
or may not be limited to the liability.
(See Supreme Court Decision 98Da46082 delivered on January 15, 1999). In light of such legal principles, the health class, evidence and arguments mentioned above are all included in the instant case.