(영문) 서울고등법원 2020.01.22 2019나2031939

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.01.22 2019나2031939

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified, considering the evidence submitted in the court of first instance as well as each evidence submitted in this court.

Therefore, the reasoning of the judgment of this court is as follows, except for the supplementary determination of the Plaintiff’s assertion emphasized or added in the trial, and therefore, it is identical to the reasoning of the judgment of the court of first instance. As such, the relevant part shall be cited by the main sentence of Article 4

2. Supplementary judgment part

A. The plaintiff, as to whether the joint and several surety contract of the defendant C was renewed after the enforcement of Article 438-3 of the Civil Code, the plaintiff agreed at the time of the conclusion of the joint and several surety contract, and the defendant C does not have any separate renewal of the guarantee contract. Thus, the defendant C's joint and several surety contract cannot be deemed to be a renewed contract after the enforcement of Article 438-3 of the Civil Code. The contract of this case provides that "The term of this contract shall be one year, and the contract of this case shall be deemed to have been concluded before the expiration of the period unless the notice of refusal to extend the contract was given at least one month prior to the expiration of the contract period." Accordingly, it is recognized that the contract of this case has been automatically renewed each year.

In the event that a continuous supply and sale contract for goods is entered into as such fact and agency contract, the contract period between the creditor and the principal debtor of the contract is automatically renewed, and if the joint and several surety entered into a joint and several surety contract with his signature and seal on the contract without raising an objection or reservation, it shall be deemed that the consent or implied consent was obtained, barring any special circumstances.

참조조문

-민법 제438조의3

-민사소송법 제420조

유사 판례

-서울고등법원 2020.01.22 2019나2031939

-대법원 1994. 6. 28. 선고 93다49208 판결

-대법원 1992. 1. 17. 선고 91다25017 판결

-대구지방법원 2019.09.20 2018가단133776

-부산고등법원 2016.08.17 2016나50375