채무부존재확인
1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Around July 2014, Nonparty D received a loan of KRW 4,00,000 from Defendant A Co., Ltd. at an annual interest rate of 34.9%. On July 18, 2014, the Plaintiff entered into a loan transaction agreement (Evidence A2-3) with a guarantee period of KRW 5,396,00 within the maximum amount of guarantee obligation, setting a guarantee period of KRW 5,396,00 as 4 years, and delivered it to Defendant B.
B. Around July 2014, the above D borrowed KRW 4,00,000 from Defendant C Co., Ltd. at an annual interest rate of 34.9%. On July 18, 2014, the Plaintiff entered into a loan transaction agreement (Evidence 2-5) with a warranty period of KRW 5,200,000 within the maximum guarantee amount of KRW 5,200,000 and delivered to C with a guarantee period of KRW 5,20,00.
C. D did not perform the obligation to repay the principal and interest of each of the above loans, and the Plaintiff paid the principal and interest of each of the above loans to Defendant B Co., Ltd. from April 4, 2016, and from July 25, 2014 to July 25, 2014, to Defendant C Co., Ltd in installments.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence (including additional number; hereinafter the same shall apply), Eul 5 evidence, Eul 1 to 4 evidence, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) Whether the authenticity of the loan transaction contract is established by the parties 1) The respective loan transaction contract of this case (A evidence 2-3, 5) by the plaintiff's assertion is forged by D at will against the plaintiff's will.
Plaintiff
One's writing is different from that of the above entry and signature made by D at will.
Therefore, the guarantee contract of the loan contract of this case is null and void, and the plaintiff's guarantee obligation based on this is not existing, thus seeking its confirmation.
B. The plaintiff's assertion by the defendants himself/herself expresses his/her intention to provide a joint and several surety for a loan that has D as the principal debtor.