주채무자의 회생절차에서 보증인의 지위와 책임

Abstract

Gangwon-do, a guarantor and shareholder of Legoland, applied for rehabilitation of Legoland. This attitude made Gangwon-do, a public institution, appear to avoid fulfilling its guarantee responsibility. The market reacted sensitively to this. The economy has been slowed by growing economic uncertainty and by companies feeling the threat of debt recovery. However, in terms of the nature of the guaranteed debt, it has independence from the main debt, appendant nature, concomitantness, and supplementity. and assume the same scope of liability as the main debt. And, in principle, the scope is determined by the nature of the guarantee responsibility. Even if the rehabilitation procedure is commenced, the surety debtor is not affected. In other words, the scope of the guarantor's guarantee obligations does not change because the appendant nature is excluded in the rehabilitation and bankruptcy procedures of the main debtor. Therefore, even if the principal debtor's debt is reduced through rehabilitation procedures, the guarantor must fulfill the original guarantee obligation. And the creditor can hold the guarantor liable for the entire debt.