[치료비][공1986.11.1.(787),1384]
The guarantor's right to terminate a guarantee agreement with no fixed time;
A continuous guarantee contract without a fixed period of time may be unilaterally terminated by a guarantor unless there are special circumstances, such as the other party's loss to the other party's creditor who is the other party due to the termination of the guarantee contract, if there are reasonable grounds for the termination of the guarantee contract as a guarantor such as the reliance on the trust of the principal debtor, and the other party's loss to the other party's creditor who is the other party cannot be implied under the good faith principle.
Articles 2 and 543 of the Civil Act
Supreme Court Decision 77Da2298 Decided March 28, 1978
Korea
Defendant 1 and one other
Busan District Court Decision 85Na715 delivered on February 2, 1986
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
We examine the grounds of appeal.
According to the reasoning of the judgment of the court below, the above defendant 1 continued to treat the above non-party 1 with no remuneration until July 5 of the same year when the non-party 2 knew that the above non-party 1 would suffer from the above non-party 1's medical treatment for the above non-party 1's reasons for the cancellation of the contract, and the above non-party 2's new medical treatment treatment will be accused of the above defendant's non-licensed medical treatment without permission by asserting that the above defendant's treatment was erroneously aggravated. Thus, the above defendant's new medical treatment for the non-party 1's new medical treatment for the above non-party 8's new medical care contract for the non-party 1's new medical care for the above non-party 2's new medical care for the non-party 1's new medical care contract for the non-party 1's new medical care for the non-party 2's new medical care for the non-party 1's new medical care for the above non-party 1's new medical treatment contract for the defendant 2's previous 198's new medical treatment.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Il-young (Presiding Justice)