채무부존재확인
1. On June 26, 2013, the guaranteed obligation based on a joint and several surety contract of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Presumed factual basis
A. The Defendant is a lending company registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users.
B. Around June 26, 2013, the Defendant entered into a monetary loan agreement with B, the Defendant’s interest rate of KRW 7 million and delay damages rate of KRW 39% per annum, the loan period of KRW 60 months from the date of conclusion of the contract (see, e.g., June 25, 2018), and the repayment method of which is to pay the principal and interest in installments as of the end of each month (hereinafter “instant loan agreement”).
C. Around that time, a joint and several guarantee contract (Evidence B) stating that the Plaintiff’s debt of the instant loan to the Plaintiff was jointly and severally guaranteed within the limit of KRW 9.73 million was prepared in the name of the Plaintiff.
On June 26, 2013, the defendant's employee made phone calls to the plaintiff on June 26, 2013, confirmed the plaintiff's personal information, explained the terms and conditions of the loan and the contents of the joint and several guarantee stated in the above joint and several guarantee contract, and asked the plaintiff whether the plaintiff
In this regard, the plaintiff responded to the purport that it is recognized even though he did not have signed in writing in the joint and several guarantee contract.
Accordingly, the defendant paid KRW 7 million to B according to the loan contract of this case.
E. B has not repaid the interest and partial principal under the instant loan agreement until March 31, 2014, and has not repaid the balance of the principal of the loan from April 2014 to the 6,972,235 won, and interest and delay damages thereon.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, Eul evidence 1, 2, 3, 7 through 9, witness Eul's testimony, result of verification of recording files by this court, the purport of the whole pleadings
2. Summary of the cause of the claim;
A. The plaintiff in the main lawsuit seeks confirmation that the plaintiff's guaranteed obligation under the above joint and several sureties contract does not exist since he did not have signed directly in the above joint and several sureties
B. The plaintiff is primarily responsible for the counterclaim.