대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 2. of the text of the judgment of the first instance.
On July 25, 2013, A Co., Ltd. (hereinafter referred to as “A”) entered into a regular deposit to pay 3 million won per month to the Plaintiff under a three-year agreement with the Plaintiff. On November 20, 2013, at the time when the deficit amount is 12 million won or more, the company’s passbook loan (hereinafter referred to as “the instant loan”) was received from the Plaintiff as collateral the credit limit amount of the above installment deposit amount of KRW 50,00,000 from the Plaintiff as collateral.
At the time of the instant loan, the Defendant, as a representative director A, entered into a contract of collateral guarantee with the Plaintiff, which covers the guarantee limit amount of KRW 60,000,000.
(hereinafter “instant guarantee agreement”). The Defendant resigned from the representative director of A on March 28, 2014, and notified the Plaintiff of the termination of the said guarantee agreement on May 2014, and Nonparty C was appointed as the representative director of A on May 19, 2014.
On June 30, 2014, at the time when installment savings are paid in seven occasions, the Plaintiff and A offset the above installment savings claims against the loans of this case on June 30, 2014. Accordingly, the principal of the loans of this case is KRW 29 million, and the first overdue payment on October 21, 2014 for the loans of this case was made.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and the so-called continuous guarantee contract without the time limit for determination of the whole purport of the pleadings, where there are reasonable grounds to terminate the guarantee contract as a guarantor, such as the reliance on the principal debtor of the guarantor, it is not desirable in social norms to have the guarantor maintain and continue the guarantee contract as it is. Thus, the guarantor may terminate the contract unilaterally, except for special circumstances, such as where the other party's creditor, as a result of the termination of the contract, suffers from unexpected damages due to the other party's good faith principle (see Supreme Court Decision 200Da48265, Feb. 26, 2002).