투자금반환
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows, except where the defendant added a judgment on the claim that "the invalidity of a guarantee agreement for the primary investment" that is newly asserted in the court of first instance, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
A. The Defendant’s assertion that, even if there was a guarantee agreement between the Plaintiff and the Defendant on the primary investment deposit, the Defendant did not indicate in writing the Defendant’s name and seal or signature, and thus, it is invalid as a guarantee under the special law for the protection of guarantors.
B. The purpose of this Act is to contribute to the establishment of a credit society by providing for special cases concerning the Civil Act with respect to guarantees, thereby preventing the economic and mental damage of guarantors due to guarantees made under each subparagraph without any consideration and establishing a reasonable guarantee agreement practice for monetary obligations.
Article 3 (Form of Guarantee) (1) The guarantee shall become effective when the intention is expressed in writing with the name and seal or signature of the guarantor.
Article 11 (Mandatory Provisions in Area) Any agreement contrary to this Court and unfavorable to the guarantor shall be null and void.
Article 5 (Amendment of other Acts) of Addenda (Act No. 13125, Feb. 3, 2015) to the Act on the Protection of Guarantors (Amendment of Other Acts) is partially amended as follows:
Article 3 shall be deleted.
Notwithstanding the amended provisions of the Special Act on the Protection of Suretys amended pursuant to Article 5 of the Addenda to Article 6 (Transitional Measures following Amendment of the Special Act on the Protection of Suretys), a guarantee contract which is subject to the Special Act on the Protection of Suretys concluded or renewed before this Act enters into force.