대여금
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
The defendant is co-defendant B of the first instance trial.
1. Basic facts
A. On May 8, 2013, B received a loan from the Plaintiff at KRW 7,00,00, annual interest rate of KRW 39%, due date of payment, May 8, 2018, and the Defendant issued to the Plaintiff a letter of guarantee under the name of the Defendant (Evidence A), written consent for the collection and use of personal information (information on goods, etc.), and a copy of the Defendant’s identification card.
B. On May 8, 2013, the employee in charge of the Plaintiff explained the terms and conditions of the loan and the contents of the joint and several sureties to the Defendant, and confirmed whether the Defendant’s personal information, intent of joint and several sureties, and the written application of the joint and several sureties contract were written. The Defendant confirmed all the facts of the written application of the above
In addition, on May 14, 2013, after loan execution, the abstract of the defendant's resident registration card (No. 20) issued directly by the defendant was delivered to the plaintiff.
C. B did not pay the interest of the above loan properly, thereby losing the benefit of time. At present, the principal amount of the above loan was at KRW 7,000,000 and the interest rate was unpaid from September 5, 2013.
On the other hand, B was indicted for committing the crime of forging the letter of guarantee (B) (Evidence A; hereinafter referred to as the "certificate") by forging it and taking 7,000,000 won from the Plaintiff, and was sentenced to a fine of KRW 7,00,000 from the Daegu District Court’s Branch Branch on April 21, 2014, and was sentenced to a fine of KRW 200,000 from the Daegu District Court’s Branch Branch on 2014.
[Ground of recognition] Facts without dispute, Gap evidence 4-2, Gap evidence 5, 10, 17 through 20, Gap evidence 23, 26, 27, Eul evidence 14, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff, around the other hand, signed the letter of guarantee with respect to the loan to the plaintiff, and confirmed the plaintiff's official in charge of the plaintiff's written signature and the intent of joint and several sureties, and thus, the contract with the plaintiff was valid. The contract for joint and several sureties was not formed even if it was not established.