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1. The Defendants jointly and severally liable to the Plaintiff KRW 50,000,000, and Defendant B with respect thereto from August 11, 2018, and Defendant C with respect thereto.
Reasons
1. Facts of recognition;
A. On January 20, 2016, the Plaintiff loaned KRW 50,000,000 to Defendant B for a maturity of KRW 300,000 on September 20, 2016 and the interest rate of KRW 300,000 per month.
B. Defendant C guaranteed Defendant C’s debt on January 20, 2016 with respect to the above loan debt against the Plaintiff.
【Defendant C: A without dispute, entry of evidence Nos. 1 and 2, the purport of the whole pleadings, and Defendant B: Article 208(3)3 of the Civil Procedure Act (Decision by Service by Public Notice)
2. Determination
A. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff KRW 50,000,000 and delay damages therefor.
I would like to say.
B. As to the above, Defendant C is the Special Act on the Protection of Guarantor (hereinafter “Surety Protection Act”).
() Article 4 of the Act provides that “When a guarantee contract is concluded, the maximum amount of the guaranteed debt must be specified in writing. The same shall apply to the renewal of the guarantee period.” Thus, Defendant C does not specify the maximum amount of the guaranteed debt to be borne by Defendant C at the time of guaranteeing the Defendant C’s debt to the Plaintiff. Therefore, Defendant C’s guarantee is null and void as it violates Article 4 of the Surety Protection Act, and eventually Defendant C does not bear the guaranteed debt against the Plaintiff.”
The first part of Article 4 of the Surety Protection Act requires that "the maximum amount of the guaranteed debt shall be specified in writing when a guarantee contract is concluded," and it is understood that this is intended to make it possible for the guarantor to estimate in advance the main contents of the legal burden he/she has in making the guarantee.
Therefore, in the case of a general guarantee in which the guarantor expresses his/her intent to guarantee by means of signing and sealing or signing the certificate of credit concerning the principal obligation, if the amount of the principal obligation to be borne by the principal obligor is clearly stated in the document, barring any other special circumstances, Article 4