beta
(영문) 서울중앙지방법원 2020.04.08 2019나42817

대여금

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

The reasoning of this Court is the same as that of the judgment of the court of first instance, and such reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

(1) The defendant asserts that "A joint and several surety for a company's representative director is not in a position to repay loans because the plaintiff was unfairly dismissed after dismissal," or that "the plaintiff's loan is required only to the defendant who is a joint and several surety." However, since the plaintiff's loan claim had already been occurred before dismissal of the defendant, the defendant cannot be exempted from liability as a joint and several surety merely because the defendant was dismissed from the office of representative director after dismissal, and the defendant who is a joint and several surety does not have the right to defense of highest search under Article 437 of the Civil Act, and the above argument by the defendant is without merit. Thus, the judgment of the court of first instance is justified, and the defendant's appeal is