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(영문) 서울중앙지방법원 2014.12.18 2014나42249

보증금 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff bank and the defendant fund enter into an entrustment contract, and the plaintiff bank deal with the business of the defendant fund, and the provisions related to this case are as follows.

Article 10 (Obligations of Entrusted Institutions) (1) The Plaintiff bank shall handle the affairs entrusted from the Defendant Fund with due care as a good manager.

2. The Plaintiff bank shall comply with the provisions of the Defendant Fund.

(4) Where the Plaintiff bank violates the provisions of paragraphs (1) and (2), the Defendant Fund shall be exempted from all or part of the guarantee liability in accordance with the criteria for exemption determined by the Defendant Fund and notified to the Plaintiff bank.

B. The defendant fund established and operated the "standards for the entry of joint and several guarantors". Examining the circumstances in which the criteria for the entry of joint and several guarantors are revised depending on the time as follows:

(1) Criteria for the entry of joint and several sureties amended on September 13, 1999

3.(i)the spouse of a representative (including a representative and a manager) of an individual enterprise;

(c) the spouse or lineal ascendant or descendant of the representative (including the representative management office) who directly participates in the management of the company (as amended joint guarantor on February 1, 2007).

2.(1) Representatives (including co-managers) of individual enterprises (including co-managers) and the spouse of (b) above.

(3) on June 13, 2012, the entry criteria for the amended joint guarantor shall be limited to the case of direct participation in corporate management or possession of a place of business in the name of his/her spouse.

2. Persons to be admitted;

(a)for an individual enterprise, in principle, not placing a joint and several sureties;

Provided, That where there is another real manager, the actual manager shall be recruited.

5. Handling affairs when a joint and several guarantor is replaced;

(a) The change principle (1) the replacement or exemption of a joint and several surety shall be changed to a joint and several surety in attached Table 1;