Where “B” has entered into a contract for continuing guarantee to bear the joint and several liability for the debt currently borne by “B” in “B”, the scope of the guarantee.

Where “B” has entered into a labor guarantee agreement with “B” as the principal debtor to bear the joint and several liability for the current unfair debt and any debt for which the guarantee amount has not been determined by means of a bill loan, bill discount, certificate loan, or check-over month, etc., “B” shall bear the joint and several liability even for the secondary loan obligation that “B” borrowed from “A” after the completion of the said agreement, unless any other special circumstance or special agreement exists.

National Agricultural Cooperative Federation (Attorney Jeong Jong-tae, Counsel for defendant-appellant)

[Judgment of the court below]

Seoul High Court Decision 74Na1813 delivered on April 7, 1976

The original judgment is reversed, and the case is remanded to Seoul High Court.

Judgment on the ground of appeal No. 1 by the Plaintiff Attorney

According to the reasoning of the judgment, the court below held that the non-party 1 and the non-party 2 were able to obtain a loan agreement on October 3, 1969 with the non-party 1 and that the non-party 1 and the non-party 2 were able to obtain a new joint and several surety loan with the non-party 1 and the non-party 1 and the non-party 3 were able to obtain a new loan with the non-party 1 and the non-party 1 and the non-party 2 were able to obtain a separate and several surety loan with the non-party 1 and the non-party 9 were able to obtain a new loan with the non-party 1 and the non-party 1 and the non-party 2 were able to obtain a separate and several surety loan with the non-party 1 and the non-party 3 were able to obtain a new loan with the non-party 1 and the non-party 1 and the remaining amount of the loan with the non-party 1 and the non-party 1.6.

However, according to the facts stated in Gap evidence 4 (Joint and Several sureties), it is clear that the non-party company, which is a principal debtor, entered into a so-called collateral agreement with the directors to bear the obligations of joint and several sureties, by means of bills lending, instruments lending, and current months, etc., and unless otherwise stipulated in other special circumstances or regulations, it is reasonable to interpret that the defendant should bear the liability of joint and several sureties for the second loan borrowed by the non-party company, in light of the legal principles of collateral guarantee, unless the non-party company, which is the principal debtor, stated the above facts that the non-party company's separate and several sureties's separate and several sureties's separate and several sureties's separate and several sureties's separate and several sureties's separate and several sureties's separate and several sureties's separate and several sureties's loan repayment period, and thus, the court below's decision that the non-party company's separate and several sureties's new loan guarantee period will not be limited to the above new loan guarantee period (see Supreme Court Decision 4290Da17, Jun. 15, 19, 196

Therefore, the original judgment is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Byung-soo (Presiding Justice)