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(영문) 서울중앙지방법원 2015.08.21 2014나49202

보증채무금

Text

1. Of the ancillary claims of the first instance judgment, the following amounts are equivalent to the money to be paid.

Reasons

1. Facts of recognition;

A. On January 4, 2013, the Plaintiff lent KRW 5,000,000 to B at an interest rate of 39% per annum, respectively, the interest rate of KRW 39% per annum, the 15th day of each month, the due date for payment, and January 3, 2018.

(b) The loan of this case from the following day:

The joint and several guarantee contract of the loan of this case (hereinafter referred to as the "joint and several guarantee contract of this case") is written by the defendant as the joint and several surety for the loan to the plaintiff of this case.

C. At the time of the instant loan agreement, the Plaintiff received a copy of the Defendant’s identification card, a certificate of payment of health and long-term care insurance premium that can prove the Defendant’s income through a telephone call with the Defendant’s mobile phone holder, and confirmed the Defendant’s resident registration number and address, and obtained the confirmation of the intent to guarantee and consent to guarantee the instant loan, and the credit information provider’s consent, and obtained confirmation that the name was written in writing in the joint and several surety contract

B as of February 16, 2013, the principal and interest of the instant loan were overdue, and as of May 19, 2014, the loan balance is KRW 4,820,027, and KRW 2,358,775, total amount of KRW 7,178,802 (= KRW 4,820,027, KRW 2,358,775).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7 (including those with serial numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that the defendant directly and severally guaranteed the loan debt of this case of this case of this case of this case of this case of this case of this case, or granted the right to represent the conclusion of joint and several sureties contract to B, and even if not, the defendant is responsible for performing the obligations under the contract of this case of joint and several sureties in accordance with the legal doctrine of expression representation under Article 126 of the Civil Code.

Section 1 of this Act provides for special exceptions to the Civil Act with respect to guarantees without any consideration.