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1. The defendant is jointly and severally with C and D, and the plaintiff.
(a) KRW 500,202,328 within the limit of KRW 600,00,000; and
Reasons
1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 3 of the judgment as to the cause of the claim, C Co., Ltd. (hereinafter “C”) received each loan from the Plaintiff after setting the interest rate, maturity, etc. as listed below. The Defendant, as the representative director of C on the same day, as the representative director of C, guaranteed each of the above loans to the Plaintiff within the scope of joint and several sureties’s joint and several sureties’s joint and several sureties’s obligation under the table below, and C was in arrears in paying the principal and interest of the loan from January 16, 2017. Thus, barring any special circumstance, the Defendant, a joint and several sureties’s joint
The loan agreement rate (cost rate) interest rate of 50,000,000 2.63% per annum (12%) on November 24, 2015, 2023; November 17, 2016; 100,000,000 on February 17, 2016; (12%) interest rate of 3.74% per annum 3.74% per annum (12%) on February 18, 2021.
2. The defendant's defense, etc. asserts that the defendant is not liable for joint and several sureties's loan obligation for 2 years of service as the representative director of C, and that he requested the plaintiff to withdraw from the position of the representative director with resignation as the guarantor.
Where a director of a company has entered into a guarantee agreement for a company's obligation with a specific period of payment, the director of the company may not terminate the guarantee agreement unilaterally on the ground of changes in the situation of resignation from office, except in the case of continuous guarantee or comprehensive collateral guarantee.
(See Supreme Court Decision 2004Da30675 Decided July 4, 2006, etc.). Regarding the instant case, the Health Center and the Defendant’s resignation from the office of representative director C on March 29, 2019 may be recognized as either there is no dispute between the parties or by taking into account the overall purport of the pleadings. However, there is no evidence to deem that the Defendant requested the termination of the guarantee agreement against the Plaintiff at that time, and it has already been.