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(영문) 서울중앙지방법원 2015.08.11 2014나40489

손해배상(기)

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. On August 26, 2013, the Plaintiff loaned 39% of the loan interest rate and overdue interest rate per annum to B, 60 months from the date of concluding the contract, and 10,000,000 won as of the 25th day of each month.

(hereinafter “instant loan”). (b)

B did not repay the principal and interest of the instant loan obligation.

C. On August 26, 2013, which is the date of the instant loan, a joint and several surety contract (Evidence A; hereinafter “instant joint and several surety contract”) in which the Defendant jointly and severally guaranteed the instant loan obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 8, and the purport of the whole pleadings

2. Determination:

A. (1) The plaintiff's assertion (1) The defendant alleged that he is jointly and severally liable for joint and several sureties in telephone conversations with the plaintiff's employee. The defendant deceivings the plaintiff by means of false words that he did not write his signature in the contract of joint and several sureties even though he did not write his signature in the contract of this case. The plaintiff gave 10,000,000 won to B.

Therefore, the defendant is liable for damages caused by tort to the plaintiff.

(2) The defendant's assertion that the defendant did not sign the contract on the joint and several guarantee of this case and did not write the contract on the part of the defendant.

In light of the fact that on August 27, 2013, the following day of the instant loan contract, the Plaintiff sent the documents, etc. of the joint and several surety contract for the instant loan as a disturbance, etc., the Plaintiff was aware that at the time of the instant loan, the signature in the name of the Defendant was not the Defendant under the joint and several surety contract.

Plaintiff

At the time of a telephone conversation with an employee, the defendant was in long-distance driving due to a business trip and did not hear the explanation of the joint and several guarantee contract for B from the employee of the plaintiff, only answer to "e-mail" formally.

The plaintiff deals with loans in a specialized manner.