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(영문) 서울고등법원 2019.11.22 2019나2026777
보증채무금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a bank established pursuant to the Industrial Bank of Korea Act, and the Defendant A is its representative as an internal director of a stock company C (hereinafter “C”), and the Defendant B is a person married with Defendant A on April 6, 1974.

B. When the Plaintiff entered into a credit transaction agreement or a credit card transaction agreement with C as follows, the Plaintiff provided loans to the amount indicated in the pertinent column (hereinafter referred to as “individual credit transaction agreement or its loan obligations by the sequence of the current status of loans”) and Defendant A provided joint and several loans to the Plaintiff.

[Attachment Table 1] The sum of principal and interest of loans on May 16, 2018 (Provided, That credit card payments shall be 300,00,000,311,960,58329,378,845 9.70,60,000,000,000,000,000,000,667,6681, 7382 small and medium enterprises’ financing loans on May 16, 2017; 150,00,00,00,000,67, 15,67,67, 15,68, 15, 150, 150, 150,000, 150,000, 300,0000, 180, 1636, 207, 204, 206, 2067

C. C, on January 7, 2018, due to the delinquency of the obligation owed to the Plaintiff, lost the benefit of time due to all the obligation owed to the Plaintiff. The amount of the remaining principal and interest of the loan owed by C as of May 16, 2018 or May 17, 2018 is as indicated in the corresponding column of the current status of loans as described in paragraph (b).

On November 15, 2017, Defendant A agreed on November 15, 2017 to have the apartment as the only property in the attached list, which is the property owned by Defendant B, as the property division subject to the divorce, and reported the divorce on December 5, 2017. On December 7, 2017, Defendant B completed the registration of ownership transfer on the apartment as the reason of the property division on November 15, 2017.

[Reasons for Recognition] There is no dispute, A.

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