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(영문) 서울중앙지방법원 2015.01.08 2014나25640

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The Defendant’s KRW 1,495,918 and the Plaintiff.

Reasons

1. Basic facts

A. B took out a loan of KRW 3,00,000 from the Plaintiff on December 28, 2012, and agreed that the interest rate and the overdue interest rate shall be 39% per annum, and the expiration date of the loan shall be January 2, 2018, and the 31st day of each month shall be set as the repayment date and the repayment of the loan shall be made in the way of free interest.

B. At the time of the above loan, when the defendant submitted to the plaintiff a joint and several guarantee contract under the name of the defendant, a copy of the defendant's resident registration certificate and documents such as bank account transaction statement, etc., the employee in charge of the plaintiff sent phone call to the defendant before performing the above loan on December 28, 2012, and explain the terms and conditions of the above loan and the contents of the joint and several guarantee, and confirmed whether the defendant's personal information and the intent of the joint and several guarantee contract, and the defendant confirmed all the written entries of the above joint and several guarantee doctor and the

C. B fails to repay the above loans properly, thereby losing the benefit of time, and the above loans liabilities remain in KRW 2,91,837 as of May 1, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion ①, around the other hand, the defendant written his own signature as a joint and several surety in the joint and several surety contract with respect to the loan to B, and confirmed the plaintiff's employee in charge of the joint and several surety, and thus the contract between the plaintiff and the defendant was effective, and thus, the plaintiff sought performance of the joint and several surety liability with respect to the defendant. ② The defendant stated the contract in his own pen while making telephone conversations with the employee in charge of the plaintiff and the defendant in charge of the joint and several surety, and deceiving the plaintiff by submitting documents necessary for the notification of the joint and several surety to the plaintiff, and KRW 3,00,000 to the plaintiff.