(영문) 서울남부지방법원 2015.06.18 2015가단13915



1. The Defendants jointly and severally against the Plaintiff KRW 86,782,184 and KRW 30,000 among them, Defendant A from May 13, 2015.


1. Claim against Defendant C

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

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”.

Requests against Defendant A of applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. When Defendant B claimed against Defendant B on February 12, 2003, at the interest rate of 13% per annum, 22% per annum, and due date of payment on February 12, 2005, Defendant A guaranteed the obligation of Defendant A’s loan when Defendant B obtained a loan by setting a loan from Yangyangdong community credit cooperatives on February 12, 2003, there is no dispute between the parties, and according to the purport of the entire entries and arguments in evidence Nos. 1 and 2, the Plaintiff acquired the obligation of the above loan from the Federation of community credit cooperatives on March 12, 2007, and then notified the transfer of the obligation to Defendant A on behalf of the Federation of community credit cooperatives, a primary debtor, on May 19, 2014.

Therefore, Defendant B is obligated to pay to the Plaintiff as a transferee of the above principal and interest of KRW 86,782,184 and KRW 30,000,00 among the principal and interest of KRW 86,782,184 as well as damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 20, 2015 to the day of full payment.

Accordingly, Defendant B argues to the effect that it cannot respond to the Plaintiff’s claim because it was merely a joint and several surety under the name of D Co., Ltd.’s actual representative E’s request. However, if the above Defendant directly signed and sealed the loan-related documents, such as a monetary loan loan agreement, etc. as a joint and several surety, he expressed that he is the debtor of the loan-loan contract, and there was an intention to have another person obtain a loan under his name and use it.

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, this is a loan for consumption.