(영문) 서울고등법원 2014.12.18 2014나31389

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(영문) 서울고등법원 2014.12.18 2014나31389

대여금

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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

1. Basic facts

A. On September 6, 2012, the Plaintiff entered into a credit guarantee agreement with A (hereinafter “A”) with KRW 3,486,272,00 as of September 6, 2012, and with KRW 176,168,00 as operating credits, KRW 256,20,00 as operating collateral, KRW 244,00 as of bill discount, and the agreed period from September 7, 2012 to September 6, 2015 (hereinafter “instant credit transaction agreement”). The Defendant jointly and severally guaranteed the obligation of A under the instant credit transaction agreement.

The main contents of the instant ceiling trading agreement and the Plaintiff’s basic terms and conditions of business transactions are as follows.

Article 1 (Establishment of Agreement) (1) of the Agreement on Limit Trade (Establishment of Agreement) The agreement for business transactions with the Union (Plaintiff) shall be concluded by approving that the basic terms and conditions of business transactions apply, and submitting them to the Plaintiff with its name and seal or signature affixed thereon.

Article 4 (Liability of Joint and Several suretiess) (1) A Joint and Several suretiess (Defendants) shall assume the same obligation and responsibility as that of the contractee (A) against the plaintiff, and shall not assert that he/she shall repay his/her debt in equal installments among joint and several suretiess.

Article 8 (Loss of Time and Preliminary Reimbursement) ① Where any of the following causes occurs to A, A shall, as a matter of course, lose the benefit of time for all obligations that A owes to the Plaintiff and shall pay the obligation in full.

6. If the default of national tax and local tax, or if it is deemed that the Plaintiff’s claim is likely to be infringed upon upon upon upon upon upon upon upon upon the Plaintiff’s claim from the secured creditor. ② If any of the following events occurs with respect to the Plaintiff, the Plaintiff shall request a private suit for a fixed period of at least ten days, and upon the lapse of such period, he/she shall have the Plaintiff paid the obligation immediately by losing

7. Where it is difficult to allow continuous transactions because of the gross aggravation of credit standing.

B. The Plaintiff is obligated to enter into the instant limit transaction agreement.

유사 판례

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