Scope of damages secured by a guaranteed contract

If Byung borrowed from the bank under the joint and several guarantee of Gap and Eul and caused damage to Eul as a result, the guarantee contract was concluded with the purport that Eul compensates for the amount of damage, it is reasonable to deem that Gap's damage guaranteed by the above guarantee contract extends not only to the previous loan but also to the new general loan due to its repayment method.

Article 428 of the Civil Act

Park Hong-name

Defendant

Gwangju District Court Decision 86Gahap18 decided Feb. 1, 198

1. The following part of the judgment of the court of first instance against the plaintiff shall be revoked:

The defendant shall pay to the plaintiff 13,020,000 won with an amount equivalent to 9,988,800 won from April 18, 1986 to 3,031,200 won with an amount equivalent to 25 percent per annum from October 29, 1986 to the date of full payment.

2. The plaintiff's remaining appeal is dismissed.

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

4. Paragraph 1 can be provisionally executed.

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff 13,020,000 won with 25 percent interest per annum from the day from the day following the service of the copy of the instant gushech to the day of full payment.

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

(1) On the grounds that the above 100 loan No. 1, 3, 6-2, 10-1, 8-2, 10-2, 10-3, 3-4, 10-3, 14-2, 14, 14-2, 10-3, 9-2, 10-7, 9-7, 10-7, 9-7, 10-7, 9-7, 10-7, 9-7, 10-7, 9-7, 10-7, 10-7, 9-7, 10-7, 10-7, 10-7, 10-7, 10-7, 10-7, 10-7, 30-1,000,000-7,000-7,000-7,000-7,000

(2) If so, it is reasonable to view that the scope of damages of the plaintiff secured by the above side guarantee contract between the plaintiff and the defendant extends not only to the previous export bill loan but also to the damages incurred by new loan made by the extended repayment method due to the delay of the objection. Accordingly, under the above side guarantee contract, the defendant is obligated to pay to the plaintiff the amount of 13,50,719 won paid by the plaintiff, 13,020,000 won paid by the plaintiff, and the above amount of 9,98,800 won out of the above amount of 13,98,000 won paid by the plaintiff, as requested by the plaintiff, from April 18, 1986 to 3,031,200 won, the remaining amount of 9,000 won, which is the next day of the above substitute payment, from October 29, 1986 to 200 won, and the plaintiff's claim for damages for delay falling under the above part of Article 9 of the Civil Procedure Act shall be dismissed and without merit.

Judges Cho Sung-tae (Presiding Judge) Transfer-type of the Grand Order