logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.12.24 2012다200363
보증채무금
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. citing the reasoning of the judgment of the court of first instance, the lower court: (a) concluded a credit transaction agreement with Han Bank Co., Ltd. (hereinafter collectively referred to as "Plaintiff") prior to the filing of a lawsuit, on April 30, 2008, with A (hereinafter referred to as "A") on a credit guarantee period of KRW 2,50,000,000 as of April 23, 2009; (b) concluded an additional agreement with the Plaintiff on April 23, 2010 to extend the lending period to April 23, 2010; (c) concluded a credit guarantee agreement with the Defendant on April 24, 2008 to provide the Plaintiff with a guarantee period of KRW 200,000,000,000 to April 24, 2008; and (d) concluded an export credit guarantee agreement to provide the guarantee period of KRW 200,000,000 to April 23, 2009 (hereinafter referred to as "export credit guarantee agreement”).

In addition, the lower court: (a) the additional agreement between the Plaintiff and A on April 23, 2009 extended only the repayment period of the loan pursuant to the first credit transaction agreement subject to the guarantee of the first credit guarantee agreement of this case; (b) the obligation secured by the first credit guarantee agreement of this case and the obligation secured by the second credit guarantee agreement of this case are the same obligations; and (c) the export credit guarantee agreement of this case prepared between the Defendant and A as of the time of the second credit guarantee agreement of this case is in public space with all items, such as “credit guarantee limit”, “loan Handling Agency”, “Guarantee Number”, and “Guarantee Period” except for the signature and seal of C, a party to the contract. This is detailed in the first credit guarantee agreement of this case and the second credit guarantee agreement of this case.

arrow