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(영문) 서울고등법원 2019.06.13 2018나2048435
이행보증금 청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the

2. The assertion and judgment

A. The gist of each of the instant guarantees is that the extension of the due date’s nature is renewed 1) The Plaintiff entered into a credit transaction agreement with B on the condition that the transaction period is automatically extended each year from around 2011 to around 2016, on condition that the transaction period is automatically extended. In order to secure B’s obligation to purchase goods under the above credit transaction agreement, the Defendant was issued the respective guarantee certificates of this case, the guarantee amount (270 million won) and the guarantee period (1 year) of which are the same as that of B. The Defendant is the other party to the payment guarantee (hereinafter “Guarantee Agency”).

) Not only did it clearly indicate that a guarantee of extension of the due date is to be issued to the Plaintiff (Evidence No. 10), but also the previous guarantee certificate (Evidence No. 10), each of the instant guarantees constitutes a renewal guarantee for the same debtor to continue to maintain the existing guarantee relationship by extending the term of guarantee of the former guarantee. Therefore, the terms and conditions of each of the instant guarantees are not applicable to each of the instant guarantees, and it is evident that the guarantee of April 29, 2016, among each of the instant guarantees, was succeeded to all obligations based on the old guarantee certificates, and the Defendant is obligated to pay the Plaintiff the guarantee amount of KRW 270 million,000,000,000, which is the guarantee limit, among B’s goods payment under the guarantee certificate of April 29, 2016, and damages for delay.).

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