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(영문) 서울고등법원(춘천) 2016.01.27 2015나2350
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The reason why our court should explain about this case is the same as the part of the reasoning of the judgment of the court of first instance, which is the same as that of Article 420 of the Civil Procedure Act, by reducing the addition of the following Paragraph 2.

Whether the defendant's joint and several liability expires

A. When the repayment period of the loan of this case is extended in accordance with the automatic extension clause, the defendant does not consent to the extension of the repayment period of the loan of this case. In addition, there is no ground to view that if the repayment period of the principal debt is extended, the period of the principal debt is automatically increased. Therefore, the defendant's joint and several liability of the defendant has already been terminated on October 19, 2008, when

B. In principle, a joint and several surety who has extended the transaction period of the principal obligation, the existence of the guaranteed obligation, and the legal doctrine on the approval or consent thereof, regardless of whether the principal obligor has extended the due date of the guaranteed obligation without the consent of the principal obligor (see, e.g., Supreme Court Decision 2002Da14853, Jun. 14, 2002). However, in cases where the period of the guaranteed obligation is extended without the consent of the joint and several surety, if there is any special agreement between the parties as to whether

In this case, the consent of the joint and several sureties necessary for the continuation of the joint and several sureties’s obligation refers to the intent to continue the obligation to guarantee the principal obligation whose due date has been extended. As long as such intent is based on, the consent can be granted even if it is possible and implied even after the due date is extended.

(See Supreme Court Decision 2009Da90924 Decided August 30, 2012). C.

In case where the Defendant consented to the extension of the transaction period and guarantee period of the instant loan without the consent of the Defendant, a joint and several surety, such as the Plaintiff’s assertion, there was a special agreement to terminate the joint and several surety obligation.

In this case, the defendant himself.

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