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(영문) 서울중앙지방법원 2017.04.19 2016가단5307968
구상금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 241,29,035 won and 241,298,781 won.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff" and "the debtor" are deemed to be the defendant, and the payment order for the debtor corporation B, C, and D was finally decided). [The grounds for recognition] The entry and the purport of the whole arguments and arguments in the evidence Nos. 1 to 4

B. On February 28, 2016, the Defendant retired from the Defendant Company B on February 28, 2016, and on July 15, 2016, the Defendant requested the Plaintiff to exclude the period of guarantee of the credit guarantee agreement of this case from the joint and several sureties, and thus, the Plaintiff’s claim cannot be complied with. (2) However, in a case where the director of the company entered into a guarantee contract for the company’s obligation of which the amount of debt and the due date are specified, unlike the case of continuous guarantee or comprehensive collateral guarantee, the director, who is the guarantor, cannot unilaterally terminate the guarantee contract on the ground of the change in the position of director resignation (see, e.g., Supreme Court Decision 2004Da30675, Jul. 4, 2006). According to the aforementioned evidence, the Defendant can only recognize the fact that the Defendant signed and sealed the application for change of the terms and conditions of credit guarantee on July 15,

Therefore, the defendant's assertion is not accepted.

2. For this reason, the Plaintiff’s claim is accepted in full and is decided as per Disposition.

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