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(영문) 서울고등법원 2019.04.10 2018나2067108
보증채무금
Text

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. The reasoning of the court's explanation concerning this case is as follows, and the reasons for this court's explanation is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) it is stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

C. As seen earlier, whether each guarantee contract of this case expired with the degree of guarantee period of each guarantee contract of this case, the guarantor protection law applies to each guarantee contract of this case. Article 7(1) of the guarantor protection law provides that "if there is no guarantee period agreement, the period shall be three years."

However, the term "guarantee Period" refers to a specific period during which a guaranteed obligation may occur. In the event of a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a continuous transaction or a continuous transaction, the above provision shall be deemed to be a provision that prevents a guarantor from extending his/her liability in unlimited terms by limiting the period to three years if there is no guarantee agreement. Ultimately, the expiry of a guarantee period is merely an effect to determine a principal obligation subject to a guarantee, and thus,

(1) In light of the above legal principles, each guarantee contract of this case is not a guarantee for the obligation to return invested amount specified in each of the instant loan certificates, but a guarantee for the specific obligation to return invested amount specified in each of the instant loan certificates. As seen earlier, Article 7(1) of the Surety Protection Act does not apply to Article 7(1) of the said Act, and the guarantee obligation under each of the instant guarantee contracts cannot be deemed to be extinguished due to the expiration of the guarantee period stipulated in the said Act.

Even if Article 7 (1) of the Surety Protection Act provides a guarantee for a specific obligation.

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