(a) Whether the identity of the obligations is maintained where the loans have been renewed and newly processed for extension of maturity for loans in bank practice (affirmative);

(b) The case where a bank is recognized to have cancelled a guarantee agreement with the previous guarantor due to changes to guarantors, etc. while extending the period of repayment of loans;

A. In order for a bank to extend the obligor’s maturity of a loan, the bank’s disposal of renewed loans, the recovery of loans, and the disposal of new loans that are equivalent to new loans is merely an act of changing the content of obligations, the maturity of which is extended, notwithstanding the form of such new loans, and the obligations after new loans are renewed or new loans are maintained as identical to the obligations of loans.

(b) Where a bank first lends a loan to a debtor, and received a separate signature and seal on the column for joint and several sureties of the bill transaction agreement from such joint and several sureties, etc., and then has extended the period of payment for the loan four times before and after the receipt of a separate guarantee, it is reasonable to deem that the guarantee contract with the former guarantor is cancelled, if the bank newly prepares a bill transaction agreement and changes the joint and several sureties, etc. in response to the request of the debtor, and received a separate guarantee after receiving the signature and seal on the newly prepared bill transaction agreement

Articles 428 and 500 of the Civil Act

Korea Exchange Bank

Law Firm, etc.

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant shall pay 10,000,000 won to the plaintiff.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

On September 20, 198. 198. 20,00 won was extended to 10,00,000 won for 10,000 won for 198. 20,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 20,000 won for 10,000 won for 30,000 won for 10,000 won for 10,000 won for 10,000 won for 10,000 won for 30,00 won for 10,000 won for 9,00 won for 10,000 won for 10,000 won for 10,000 won for 9,000 won for 10.

According to the above facts, the plaintiff's disposal of renewal on March 17, 1982 with the intention to extend the repayment period of the above loan at the request of the non-party company, or the disposal of the loan recovery and the form of new loan made on September 29, 1983 is merely an act of changing the contents of the loan extended on September 20, 1980. Therefore, the obligations after renewal or new loan disposal as mentioned above shall be identical to those of the previous loan. Thus, the defendant, as a joint and several surety, has a joint and several surety of the above loan, whose interest has been recovered from March 29, 1984 to January 31, 1985 x damages for delay x 13,023 (120,000,0000 won) x 1,000,000 won (30,0000 won) x 120,000 won x 1,0637,19636/170

However, in light of the above joint and several surety 19.9.19, the defendant had been granted the above joint and several surety 1's signature and seal to the non-party 1's joint and several surety , and then replaced the above joint and several surety 1's signature and seal to the non-party 9's new surety 9's new surety 1's new surety 1's signature and seal loan loan agreement with the non-party 4's new surety 9's new surety 1's new surety 9's new surety 1's new surety 1's signature and seal loan extension contract with the non-party 9's new surety 9's new surety 1's new surety 1's signature and seal extension contract with the non-party 1's new surety 9's new surety 1's signature and seal extension contract with the non-party 1's new surety 1's new surety 1's signature and seal extension contract with the non-party 1's new surety 3's new surety 1's new surety 1's new surety 1's signature.

If so, the plaintiff's claim for objection based on the premise that the contract for joint and several guarantee exists between the plaintiff and the defendant is unfair and dismissed, and the costs of lawsuit are assessed against the plaintiff who has lost.

Judges Yellow Sea (Presiding Judge)