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(영문) 서울중앙지방법원 2016.12.08 2016나41387

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Marshall franchise loan Co., Ltd. (hereinafter referred to as the “Mashall franchise loan”) is deemed to be the agreement rate of 39% per annum and overdue interest rate of 39% per annum on December 3, 2013, and the maturity of payment of 4 million won per annum on December 3, 2018, and the instant loan.

B) B loaned the loan. B agreed to repay the principal and interest in installments on the 20th day of each month before the due date, but later on January 21, 2015, it lost the benefit of time due to delinquency in payment. (c) The Marshall franchise transferred the instant loan to the Plaintiff on July 31, 2015, and notified B of the transfer of the instant loan. D. As of September 10, 2015, the instant loan remains 4,654,212 (principal principal amount, 3,729,664 interest interest interest interest, and 924,548 won). [Recognizing the grounds for recognition, each of the items in subparagraphs 1 through 4, and the purport of the entire pleadings.]

2. The assertion and judgment

A. The plaintiff asserts that the defendant jointly and severally guaranteed the debt B at the time of lending the Marshall franchise loan of KRW 4 million to B.

As to this, the defendant asserts that there is no fact that he has prepared or signed a joint and several guarantee agreement with the Marshall franchise loan, and that he does not bear the responsibility of joint

B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 5, and 7 through 11, the defendant, on December 3, 2013, requested that the defendant disclose the intent of joint and several sureties for the main debt B in telephone conversations with the staff in charge of Marshall Loan, and send the letter of joint and several sureties agreement to the defendant's workplace. ② The Marshall loan sent the letter of joint and several sureties agreement indicating the debt of this case to the address requested by the defendant as the guaranteed obligation, ③ the defendant sent the letter of joint and several sureties agreement indicating the defendant's personal information and signature to the Marshall Franchise loan on January 6, 2014.