채무부존재확인
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with KRW 2,950,095.
1. Basic facts common to the principal lawsuit and counterclaim;
A. On December 17, 2012, the Defendant rendered a loan to Nonparty B at an interest rate of KRW 3 million per annum and on December 26, 2017 (hereinafter “instant loan”).
B. The joint and several sureties contract (A, B, 1; hereinafter “instant joint and several sureties contract”) and the specification of transactions (A, B, 6) submitted in the instant case indicate that the Defendant is jointly and severally liable within the limit of KRW 4,170,000 for the Defendant’s debt of the instant loan, and the outstanding principal as of October 29, 2014 is KRW 2,947,656, and the outstanding principal as of October 29, 2014 is KRW 2,439,000.
[i.e., the sum of principal and interest as of October 29, 2014 is KRW 2,950,095 (i.e., the principal and interest at KRW 2,947,656) (i.e., the interest at KRW 2,439).
On December 17, 2012, a person in charge of the Defendant called the Plaintiff to verify personal information, and then explained the terms and conditions of the instant loan, the contents of the joint and several liability, etc., and then asked the Plaintiff whether “the amount of the loan to be guaranteed according to the contents of the instant joint and several liability contract, the scope of the guarantee, etc. is well understood and consented,” and the Plaintiff responded to the said question.
In addition, the defendant's person in charge of the defendant's joint and several surety contract of this case requested the plaintiff to write his/her signature on the guarantee period, the amount of guarantee, the scope of guarantee, overdue interest rate, and the column of joint and several surety in the contract of this case, and if so, to write his/her name and resident number.
The Defendant received a copy of the Plaintiff’s identification card, a written confirmation of acquisition and loss of eligibility for health insurance, and a payment certificate of health insurance premium.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, Eul 1 through 6, the purport of the whole pleadings and arguments
2. Determination on the assertion and premise of the parties
A. To protect the guarantor of the Plaintiff’s assertion 1.