Article 45 of the Credit Guarantee Fund Act and Article 25 subparagraph 2 of the Enforcement Decree of the same Act shall apply to the scope of the members jointly and severally liable for payment with the company.

According to Article 45 of the Credit Guarantee Fund Act, Article 25 (2) of the Enforcement Decree of the Credit Guarantee Fund Act, the general partner of a corporation who has received a credit guarantee is not jointly and severally liable with an enterprise but also liable for repayment to the general partner who is the managing partner.

Article 45 of the Credit Guarantee Fund Act, Article 25 subparagraph 2 of the Enforcement Decree of the Credit Guarantee Fund Act

Credit Guarantee Fund

Attorney Seo-ho et al., Counsel for the defendant-appellant

Busan High Court Decision 89Na343 delivered on July 12, 1989

The judgment below is reversed, and the case is remanded to Busan High Court.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined that the defendant is jointly and severally liable for the above debt to the plaintiff pursuant to Article 45 of the Credit Guarantee Fund Act, since the plaintiff joined the non-party company as a general partner on December 15, 1978 and was discharged on March 10, 1983 and the above debt which the plaintiff subrogated was incurred during the above term of office by the defendant, since the non-party company entered the non-party company as a general partner on December 15, 1978, and the defendant was liable for the above debt to the plaintiff under the provision of Article 45 of the Credit Guarantee Fund Act.

In sum, at the time of the above original adjudication, the plaintiff is the general partner of the above non-party company and is responsible for the repayment of the above subrogated amount in accordance with Article 45 of the Credit Guarantee Fund Act.

However, according to Article 45 of the Enforcement Decree of the Credit Guarantee Fund Act and Article 25 subparagraph 2 of the Enforcement Decree of the same Act, it is clear that all the general partners of a corporation which has received credit guarantee are not jointly and severally liable with an enterprise, but are liable for repayment only to the unlimited partner who is the managing partner. Thus, the court below's approval of the liability for repayment under Article 45 of the Credit Guarantee Fund Act is erroneous in the misapprehension of legal principles as to the location of the liability for repayment under Article 45 of the Credit Guarantee Fund Act and its incomplete deliberation, which affected the conclusion of the judgment, and it constitutes grounds for reversal under Article 12 (2) of the Act on Special Cases Concerning the Promotion,

Therefore, the judgment of the court below shall be reversed and remanded, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)