채무부존재확인
1. 5,00,000 won against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) based on a monetary loan agreement dated May 18, 2012.
1. Facts of recognition;
A. B is an agent for the Plaintiff.
B. B obtained a loan of KRW 5,00,000 from the Defendant on May 18, 2012. From June 2013, B did not repay all principal and interest, and at present, the balance of the loan principal is KRW 4,957,041.
C. On May 18, 2012, the term “joint and several guarantee contract (for creditors)” indicated as the debtor B, the joint and several surety, the Plaintiff, the guarantee period, from May 18, 2012 to May 17, 2017, the guaranteed amount of KRW 5,00,000, the overdue interest rate of KRW 39%, etc. was sent by facsimile to the Defendant Company.
(No. 2; hereinafter referred to as the "first joint and several guarantee contract"). The above paper is printed with letters "for preparation", and the name and signature of the plaintiff are written in the front and several joint and several guarantee column.
On May 2012, the Plaintiff received a request from a bank because it is necessary to guarantee that he/she would obtain a loan from a police officer B. At that time, the Plaintiff made a telephone call with the Defendant’s staff member.
In addition, around that time, the plaintiff sent a copy of the plaintiff's identification card, a confirmation of the eligibility for health insurance, and a long-term care insurance premium.
E. After making the above telephone call, the Plaintiff is in the same form as the primary joint and several surety contract from the Defendant, but only the entry related to the debtor B is written on the paper on which the writing “for preparation” is not printed (the part is the same as the primary joint and several surety contract, but only the expiration date is changed to “ May 25, 2017.”) and the joint and several surety column is the joint and several surety column “A evidence 1” and “the secondary joint and several surety contract”.
(f) B was sent by mail, but affixed a seal or sent the above paper to the Defendant. Around that time, several financial institutions were making loans, each financial institution began to pay arrears, and the current individual rehabilitation procedure is in progress. [No dispute over the grounds for recognition, No. 1, No. 1, No. 19-2, No. 1, No. 19-2, No. 1 through 6, No. 9, No. 11, and No. 12.