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(영문) 인천지방법원 2015.06.26 2015나2713

대여금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 15, 2013, B obtained a loan from the Plaintiff at the rate of KRW 20 million per annum, 39% per annum, maturity date of payment, February 15, 2016, and on the process of having received a loan from the Plaintiff on February 15, 2016, the Defendant’s personal information inquiry (Evidence A No. 27) and personal (credit) information (Evidence A), the Defendant’s resident registration certificate, the Defendant’s certificate of qualification for health insurance, the certificate of payment of long-term care insurance premiums, and the statement of transactions by facsimile to the Plaintiff.

B. On February 15, 2013, the Plaintiff’s staff member C called to the Defendant on February 15, 2013 and explained the terms and conditions of the loan and the contents of the joint and several sureties, and confirmed whether the Defendant’s personal information, intent of the joint and several sureties, and the contract were written self-written. The Defendant confirmed all the facts of

In addition, around April 2, 2013, after loan implementation, the defendant's another letter of guarantee (No. 11) under the name of the defendant that the defendant is jointly and severally liable for the above loan obligation under B, the personal (credit) information inquiry agreement (No. 12) under the name of the defendant, the consent letter of collection, use, and provision of personal (credit) information (Evidence No. 12) and the defendant's resident registration card directly issued by the defendant (Evidence No. 14) were sent to the plaintiff by mail.

C. B paid interest in relation to the above loan until February 20, 2014, but filed an application for individual rehabilitation around March 17, 2014 without paying interest thereafter.

On March 20, 2014, the Plaintiff sent a notice of the loss of the term interest to the Defendant on March 20, 2014 (i.e., “B’s individual rehabilitation application so that the benefit of time has been lost,” within ten (10) days of receipt of the notice, stating that “the amount of the loan principal KRW 20 million and interest KRW 598,356 as of March 20, 2014 shall be repaid,” and the said notice of loss of term reaches the Defendant on March 25, 2014.