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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On March 15, 2012, at the time of the Plaintiff’s position as a director of a stock company C (hereinafter “Nonindicted Company”) on March 15, 2012, the Plaintiff jointly and severally guaranteed the Nonparty Company’s loan obligations under a credit transaction agreement concluded with the Nonparty Company B prior
(hereinafter referred to as the "joint and several guarantee contract of this case" which the plaintiff proposed with B.
The non-party company did not pay the loan obligation against the non-party company B, and the defendant appointed as the bankruptcy trustee B urged the plaintiff to pay the loan obligation.
C. The plaintiff resigned from office after the conclusion of the joint and several guarantee contract of this case, and the non-party company defaulted after the conclusion of the joint and several guarantee contract of this case, and the plaintiff does not have sufficient capability to pay the above loan at present. Thus, the contract of this case must be cancelled.
2. Determination
A. Cancellation of a contract due to changes in circumstances refers to an exception to the principle of contract observance in cases where a significant change in circumstances occurs that could not have been predicted by the parties at the time of contract formation, and the change in circumstances occurred for reasons for which the party who acquired the right to cancel is not responsible for the party who acquired the right to cancel the contract. If the binding force is recognized as stipulated in the contract, it shall be recognized as an exception to the principle of contract observance in cases where the result is substantially contrary to
In addition, damage was incurred due to a change in circumstances that are not the basis of the formation of a contract after which one party could not achieve the intended purpose of the contract at the time of the contract.
Even if there are no special circumstances, maintaining the validity of the content of the contract as it is cannot be deemed as contrary to the good faith principle.
(See Supreme Court Decision 2004Da31302 Decided March 29, 2007). B.
For the obligations of the company of which the amount and maturity are specified.