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서울중앙지방법원 2015.11.19 2014가단5298428

채무부존재확인

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1. The Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Plaintiff)’s future Lewd Co., Ltd. amounting to KRW 13,900,000 and its amount of KRW 9,078.

Reasons

1. Basic facts

A. B borrowed each of the following money from the Defendants who engage in credit business.

The first loan balance (debt) of the Defendant’s first loan (debt) 1, 203.23. 205. 10,000,000,000 won 10,000,000 won 2,000 Won 1,000 on May 23, 2013. 205.23, 2013. 10,000 won 10,000 won on loan 3,000 won 10,000 won on May 23, 2013.

B. During the process of borrowing the above money, the loan documents written by the Plaintiff as joint and several sureties were prepared, and B died on April 1, 2014 when each of the above loans was not repaid.

[Ground of recognition] Facts without dispute, Eul 1 to 7 evidence, Eul 1 to 5 evidence, Eul 1 to 7 evidence, the purport of the whole pleadings

2. We examine the principal lawsuit and counterclaim together.

A. The following facts can be acknowledged according to the evidence established prior to the facts of recognition.

① On May 23, 2013, the Defendant Future Cret Loans Co., Ltd. (hereinafter “Defendant Future Cret Loans”) set the repayment period of KRW 10 million to B with the Plaintiff’s joint and several sureties on May 22, 2018, and the agreed interest rate and overdue interest rate of KRW 39%, respectively. Around that time, the Plaintiff was confirmed as the Plaintiff himself/herself through the card certification procedure with the credit card in the Plaintiff’s name, and then, the Plaintiff was presented a certified copy of the said joint and several sureties’s loan, the scope of guarantee, and the guarantee period, and submitted a certified copy of the said loan and the certificate of payment of health insurance premium.

② On May 23, 2013, Defendant Pash Loan Co., Ltd. (hereinafter “Defendant Pash Loan”) and Defendant Lone Star Loans Co., Ltd. (hereinafter “Defendant Lone Star Loans”) leased KRW 10 million to B under the Plaintiff’s joint and several sureties’s guarantee on May 23, 2013, with the maturity of payment on May 22, 2018; the agreed interest rate and overdue interest rate set at 39%, respectively; and thereafter, a copy of the identification card from the Plaintiff around that time.