보증채무금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Claim:
1. On January 23, 2013, Plaintiff Company established and lent 10 million won at the due date to B on January 22, 2018 and at the interest rate of 39% per annum (the interest rate for arrears shall be 39% per annum) respectively.
However, B, from June 26, 2014, lost the benefit of time due to delinquency in the payment of interest, and as of September 13, 2014, the total amount of the interest and interest on the loan as of September 13, 2014 is KRW 11,250,136.
Meanwhile, on the other hand, on January 23, 2013, the date of lending to B, the Plaintiff Company received by facsimile a joint and several surety contract (a.e., a copy of the instant joint and several surety contract) in which the signature of the Defendant was entered in the name of the Defendant for the obligation to borrow the borrowed money under B (B).
On the same day, the plaintiff company received a copy of the defendant's driver's license, a health insurance premium payment certificate, and a statement of bank entry transactions through its employees, and confirmed the defendant himself through the defendant's name, resident registration number, etc., and provided guidance on the loan conditions such as the amount borrowed by B, interest rate, and guarantee conditions such as the defendant's joint and several surety period.
In addition, in the process of telephone calls with the employees of the Plaintiff Company, the Defendant responded to questions whether they have directly signed the copy of the instant joint and several surety contract.
After that, the Plaintiff received by mail the joint and several sureties contract (a) stating the signature of the Defendant in the name of the Defendant (the copy of the instant joint and several sureties contract, which is referred to as “a copy of the delivery of the instant joint and several sureties contract,” and when called together with the facsimile copy prior thereto.
[Ground of recognition] Unsatisfy, Gap 2-8, and the purport of the whole argument
2. Judgment on the main claim
A. The plaintiff company's assertion that the defendant signed each of the joint and several sureties contracts in this case and expressed his intention of joint and several sureties. On the lending day, the plaintiff company's employees and telephone conversations and the joint and several sureties contract in this case.