In case of a novation due to the change of debtor, whether or not the guarantee liability for the former obligation exists.

If a debtor against a loan obligation is converted from the non-party to a non-party company, the debt of the non-party is extinguished by novation due to the change of debtor, and the guarantee liability of the guarantor who guaranteed the debt of the non-party shall also be extinguished with the extinguishment of the original debt, barring special circumstances to the contrary that the Dong approved the replacement of the debtor.

Article 505 of the Civil Act

Korean Commercial Bank, Inc.

Credit Guarantee Fund

Seoul Civil History District Court (83 Gohap4781)

The appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The original judgment shall be revoked.

The defendant shall pay to the plaintiff the amount of KRW 500,00,000 per annum from April 8, 1982 to June 27 of the same year, and the amount of money shall be paid at the rate of KRW 10,00 per annum from June 28 of the same year to the full payment date.

Litigation costs are assessed against all of the defendants in the first and second trials.

On November 14, 1981, with the trade name of the Plaintiff Bank (trade name omitted), the Defendant provided an individual credit guarantee under the Credit Guarantee Fund Act within the scope of principal amount of KRW 500 million and interest and delay damages pursuant to the rate prescribed by financial institutions with respect to general loans extended to the Nonparty, who operated the manufacturing and selling business of household appliances such as visual clock, etc., within the scope of November 13, 1982. The Plaintiff Bank provided an individual credit guarantee under the Credit Guarantee Fund Act with the term of guarantee within the scope of interest and delay damages pursuant to the interest rate prescribed by the financial institutions. On November 17, 1981, the Plaintiff bank provided a loan to the said Nonparty on November 13, 1982 with the said individual credit guarantee secured by the Defendant’s individual credit guarantee. There is no dispute between the parties.

The plaintiff asserts that the above non-party is a guarantor of the non-party, and the defendant has a duty to pay the above principal and interest of the loan to the plaintiff as the guarantor of the non-party, since the non-party has lost the interest of the period for the above loan obligation as a smell of bankruptcy

On January 4, 1982, after the above non-party was granted the above loan from the plaintiff bank, the defendant transferred all of the debt and debt of Dong (trade name omitted) arising from the business of (trade name omitted), including all business facilities of the (trade name omitted) and the debt of the loan to the plaintiff bank, and requested the above non-party company to replace the debtor of all the loans previously borrowed from the plaintiff bank with the above non-party company on February 18 of the same year, the plaintiff bank accepted the request of the above non-party company, and entered into a contract to replace the debtor of the previous loan claims against the above non-party from the above non-party to the above non-party company on March 22 of the same year. Since the non-party's claim for the loan against the above non-party was changed from the non-party company to the above non-party company to the above non-party company, the non-party company's debt became extinguished due to the change of debtor, or the non-party company was exempted from the debt of the above non-party company to the above non-party company.

Therefore, in light of the above evidence, Eul evidence Nos. 1 (Application for Replacement of Obligor), Eul evidence Nos. 3 (O. 4), Eul evidence No. 5 (Articles of Incorporation), Eul evidence No. 6 (Request for Acceptance of Obligation), Eul evidence Nos. 8, Eul evidence No. 9, Eul evidence No. 10, 11, Eul evidence No. 14-5 (Guarantee of Debt), and Eul evidence No. 14, the non-party No. 2 established the non-party company as its representative director on Dec. 30, 1981, and the non-party No. 2 established the non-party company's new loan No. 9 to replace the non-party No. 1 with the non-party No. 2's new loan No. 98, and the non-party No. 2 established the non-party company as its representative director on Jan. 4, 1982.

If so, the non-party's loan obligations against the non-party bank were extinguished due to the change of so-called debtor, which was replaced by the non-party company by the non-party's application for replacement of the debtor of the non-party company. Therefore, the defendant's guarantee liability against the non-party is also extinguished, unless there are special circumstances such as the defendant's approval of replacement of the debtor.

Therefore, the plaintiff's claim for objection, which is premised on the existence of the defendant's liability for guarantee, should be dismissed because it is unreasonable to examine further, and it is not reasonable to dismiss it. Thus, the original judgment with the same conclusion is just, and the plaintiff's appeal against it is without merit, and the costs of lawsuit are assessed against the plaintiff who has lost.

Judges Kim Hun-Un (Presiding Judge)