beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Both claims and the judgment on them
A. On April 9, 2013, the Plaintiff entered into a sales agency contract with C (hereinafter “Nonindicted Company”) on behalf of the Plaintiff to attract customers to use high-speed Internet, Internet telephone, and Internet TV goods (hereinafter “instant sales agency contract”). At the time, the Defendant, as a director of the Nonparty Company, jointly and severally guaranteed all the obligations owed by the Nonparty Company to the Plaintiff pursuant to the instant sales agency contract (the instant sales agency contract is deemed to remain effective until one of the parties makes oral or written notification of termination), and the sales commission to be refunded by the Plaintiff due to the termination, etc. of the use of some of the customers, from August 2017 to December 11, 2059, and 500, respectively, can be acknowledged by comprehensively taking into account the following facts: (a) the instant sales agency contract is deemed to be valid until one of the parties makes oral or written notification of termination; (b) the sales commission to be refunded by the Nonparty Company from April 2016 to December 11, 2017 to 500.
According to the above facts, the defendant is a joint and several surety of the non-party company and is obligated to pay the above sales commission refund to the plaintiff, except in extenuating circumstances.
B. The Defendant asserts that the Defendant’s defense did not have the Defendant’s guarantee liability as to the refund fee obligation incurred after the Defendant’s retirement and replacement of the joint and several surety, as the Nonparty Company and the Plaintiff concluded a new sales agency contract on February 14, 2017, and replaced the joint and several surety E.
If directors, etc. of a company stand joint and several sureties for debt incurred by continuous transactions with a third party of a company, they are in the position of directors in order to assume only the debt incurred during their employment in the company's transactions against directors, etc.