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(영문) 서울중앙지방법원 2015.08.18 2015나16223
구상금
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 for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the following arguments made by the defendant in the trial of the court of first instance, and therefore, it is citing it as it is by the main text of Article 420 of

The plaintiff of the defendant's assertion of additional determination does not notify the defendant of the fact that the guarantee period has been extended and that the debtor has a duty to inform the defendant of information about the repayment ability of the principal debtor.

A joint and several surety guaranteed for a fixed debt whose debt is specified, regardless of whether the performance period for the guaranteed debt has been extended without his/her consent (see Supreme Court Decision 2002Da14853, Jun. 14, 2002). Therefore, a creditor has no obligation to notify a joint and several surety of the extension of the guarantee period.

In addition, since the guarantee system is essentially taking over the risks of creditors due to the insolvency of the principal obligor, it is necessary to determine whether to enter into a guarantee contract after investigating the financial resources of the principal obligor, and there is no obligation under the good faith principle that the obligee notifies the guarantor of the credit conditions of the

(Supreme Court Decision 97Da35276 delivered on July 24, 1998). Accordingly, the defendant's assertion is without merit.

Article 7(4) of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) (where a creditor extends the period of repayment to a debtor without the consent of the guarantor after entering into a guarantee contract, the creditor or debtor shall be notified to the guarantor), and where a financial institution under Article 8(1) enters into a guarantee contract as a creditor, it shall be provided by a centralized Credit Information Collection Agency pursuant to the Act on the Use and Protection of Credit Information.

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