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The judgment below
Plaintiff
The part against which the contract was rejected is reversed, and this part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Plaintiff’s ground of appeal as to the agreement No. 2
A. In a case where a dispute over the interpretation of a contract between the parties arises and the interpretation of the intent of the parties indicated in the disposition document is at issue, the contents of the text, motive and background of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. shall be reasonably interpreted in accordance
(See Supreme Court Decision 2014Da19776, 19783, Feb. 15, 2017, etc.). B.
The judgment below
According to the reasons, the following facts are revealed.
(1) On March 20, 2002, C Co., Ltd. (hereinafter “C”) extended loans from E Bank following the creation of the instant collateral security right, which amounts to the maximum debt amount of 4,550,000,000 won, to E Co., Ltd. (hereinafter “E Bank”) regarding real estate owned by C. (hereinafter “E Bank”).
C around September 26, 2006, upon entering into a credit guarantee agreement with the Plaintiff, it provided the E Bank as collateral with a credit guarantee agreement of 480,000,000 won and 160,000,000 won from the Plaintiff.
(2) On October 26, 2009, the rehabilitation procedure began with respect to C on October 26, 2009 when C was unable to repay its loan obligations, etc. to E Bank.
(3) On December 24, 2009, the Plaintiff paid 654,496,000 won out of C’s loan obligations pursuant to a credit guarantee agreement, and entered into a contract for partial transfer of the right to collateral security (hereinafter “instant contract for partial transfer of collateral security”).
Article 2(1) of the Agreement stipulates the order of appropriation of dividends when the right to collateral security is exercised, but the remaining claims (including attempted claims related to loans executed in excess of the estimated amount of loans according to the rate of guarantee) as of the date of dividend except for the secured loan extended by the transferor (creditor) shall be appropriated in the first order, and the difference between the overdue interest accrued by the date of the fulfillment of the guaranteed obligation of the guaranteed loan and the agreed interest rate shall be applied.