대여금
1. The Defendant shall pay to the Plaintiff KRW 51,671,754 and its payment from August 31, 2012, within the limit of KRW 65 million.
The non-party B (hereinafter referred to as "non-party B") obtained a credit card from the plaintiff and used it for the purchase of goods. The defendant, the representative director of the non-party corporation, on May 7, 2010, has jointly and severally guaranteed the above credit card payment obligation against the plaintiff of the non-party company within the limit of 65 million won. The overdue interest rate on the above credit card payment obligation is 25% per annum. The non-party company was incorporated into the plaintiff's special bond at the wind around August 30, 2012. The non-party company around that time transferred the above credit card payment obligation to the non-party 4,636,35 won in total, including the principal amount of 51,671,754 won, overdue interest, etc., among the above credit card payment obligation, and there is no dispute between the parties, or there is an obligation to pay the plaintiff as a joint and several surety at the interest rate of 56,308,109 won per annum 1 through 4,2515.7.7
The defendant asserts that at the time, the non-party company's shareholders and the representative director's qualification were the joint and several sureties, and that on December 23, 2010, the shares were transferred to a third party and the company's management right was transferred to a representative director as well as the above credit card payment obligation used thereafter was not liable to the defendant.
In light of the above, if a person who has become a guarantor for the company's obligations arising from continuous transactions between the company and a third party inevitably in the position of director of the company, leaves the position of director after leaving the position of director, the contract of guarantee can be terminated for this reason. In such a case, the continuous transactions are terminated prior to the termination of the contract of guarantee.