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(영문) 서울중앙지방법원 2015.05.28 2014나31225

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

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, except for adding the following judgments as to the matters alleged by the defendant, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant's additional determination. (1) The non-party bank is not liable for the guarantee of the non-party bank's extended damages due to the non-party bank's failure to perform its duty to notify the defendant within 15 business days if the non-party bank's joint defendant corporation A (hereinafter "joint defendant company of the first instance") loses the benefit of time due to non-payment of interest, etc. as stipulated in Article 8 (2) of the General Terms and Conditions for Credit Transactions and Article 23 (7) of the Loan Terms and Conditions for Mutual Savings Bank ("the non-party bank"), but the non-party bank is not liable for the guarantee of the non-party bank's extended damages due to non-party bank's failure to perform its duty to notify the above non-party bank. (2) The non-party bank concluded the loan guarantee agreement of this case with the defendant in violation of Article 25 of the Loan Terms and Conditions for the non-party bank's joint guarantor's loan of this case. Accordingly, the defendant cannot be held liable for the guarantee of the non-party 1's joint guarantor's loan of this case.