logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.10 2017나103663
보증채무금 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 2005, the Plaintiff entered into a loan agreement between the Plaintiff and Nonparty B (hereinafter “instant loan agreement”) and the Plaintiff’s loan account (hereinafter “instant loan account”) from March 2, 2005 to March 2, 2008.

) The loan transaction agreement was concluded by setting the interest rate of 11% per annum and 18% per annum (the interest rate) per annum (the lending method is the lending method of maths that can use money from time to time within the lending limit through the instant lending account.

hereinafter referred to as “instant loan agreement”

(2) At the time of entering into the above loan agreement, the Plaintiff prepared the Credit Business Regulations. The key contents of the instant case are as follows.

Article 18 (Period of Credit) (1) The period of credit shall not exceed five years according to the purpose of the fund, in consideration of the debtor's ability to repay, the period of repayment, etc.

Article 25 (Methods of Credit) Any person shall receive a request from him/her at any time within the extent of the agreement on credit transactions and shall pay it pursuant to Article 76.

Provided, That if necessary, an application for additional credit may be filed.

Article 26 (Period of Credit) The period of credit shall not exceed five years in consideration of credit funds, etc.

B. The Defendant’s joint and several sureties 1 and the Defendant’s joint and several sureties D signed and sealed the loan transaction agreement (Evidence A No. 1) as a joint and several sureties for the instant loan agreement on the same day. 2) The said loan transaction agreement has a provision regarding the guarantee (hereinafter “instant guarantee agreement”), and its main contents are as follows.

Article 1 (Performance of Guaranteed Obligations) (1) The surety shall be jointly and severally liable with the debtor for all the obligations under this contract against the plaintiff by the debtor.

(2) The basic terms and conditions of credit transactions of community credit cooperatives and this Agreement shall apply to the discharge of guaranteed liabilities under paragraph (1).

Article 6 (Extension of Period of Repayment) When it is extended with the consent of a guarantor on the date of repayment under this Agreement, the guarantor shall continue to exist.

arrow