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(영문) 서울중앙지방법원 2018.05.15 2018가단5050358
대여금 및 보증채무금
Text

1. The defendant shall not exceed 264,00,000 won jointly and severally with B and the plaintiff within the extent not exceeding 267,189.

Reasons

1. On November 10, 2014, the Plaintiff loaned 300 million won to a non-party company with the ordinary working fund at maturity of 200 million won on October 29, 2017 and 15% per annum. The Defendant, as the representative director of the non-party company on May 11, 2017, prepared a collateral guarantee with the limit of 264,000,000 won for the above debt of the non-party company, and the above loan debt is 240,000,000 won as of November 20, 2017, the agreement was 4,014,048, overdue interest of 3,175,215 won, and there is no dispute between the parties, or the Defendant is jointly and severally liable to pay the Plaintiff the entire debt within the scope of the entire agreement, and thus, the Defendant is jointly and severally liable to repay the principal and interest of the non-party company to the non-party company.

2. The defendant alleged that he was appointed as the representative director of the non-party company and resigned the representative director with the knowledge that he belonged to the former representative director and terminated the joint and several sureties. However, the defendant's appointment and resignation are merely internal relations between the defendant and the non-party company, and thus cannot be asserted against the plaintiff. The defendant guaranteed the debt of which the debt was specified at the time of the guarantee, such as the joint and several sureties, and then resigned from the representative director.

Even if it is impossible to terminate a guarantee contract on the ground of change of circumstances, the defendant's above assertion is without merit.

3. Therefore, we decide to accept the plaintiff's claim as per Disposition.

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