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(영문) 대전지방법원 2017.02.08 2016가단29255

구상금

Text

1. The Plaintiff:

A. Defendant B, C, D, E, F, G and H are jointly and severally and severally liable for KRW 172,051,240 and KRW 170,454,113.

Reasons

1. Determination on the cause of the claim

(a) Indication of the claim: as shown in [Attachment] the cause of the claim;

(b) Defendant B, D, and F: Judgment based on each service by public notice (Article 208(3)3 of the Civil Procedure Act);

C. Defendant C, E, G, H, and J: Decision based on each non- pleadings (Article 208(3)1 of the Civil Procedure Act)

(d) Defendant I: Confession as to the facts constituting the cause of the claim (Article 150(1) of the Civil Procedure Act);

2. Determination on Defendant I’s defense

A. Defendant I’s defense bears the responsibility of guarantee only for one year of the contract term as stipulated in the consignment agency contract that Defendant I signed with K Co., Ltd.

If the transaction period of the principal obligation B of a stock company based on the above consignment agency contract is extended automatically, Article 29 (1) of the above contract is not effective because it violates the provisions of the Act on the Regulation of Terms and Conditions and thus has no effect.

Therefore, Defendant I is not liable for the plaintiff's right to indemnity that occurred after the expiration of the joint and several liability period.

B. In light of the purport of the above provision, Article 9 subparag. 6 of the former Regulation of Standardized Contracts Act (amended by Act No. 10303, May 17, 2010; hereinafter “Terms and Conditions Regulation Act”) provides that a contract for the purpose of the continuous occurrence of credit relationship shall be null and void which might unfairly disadvantage customers by unfairly short-term or long-term or implied extension or renewal of the contract period. In light of the purport of the above provision, there is no provision that the automatic extension of the contract period for joint and several liability may not escape from the guarantor’s position at the time of termination of the contract period, the new contract period shall be set, or if there is no provision that the contract period shall be extended automatically on a one-year basis, it shall be extended automatically by one-year basis.