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(영문) 서울중앙지방법원 2015.05.21 2014나49752
대여금
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 24, 2012, the Plaintiff loaned KRW 4,000,000 to B at an annual interest rate of 39% (hereinafter “instant loan”).

B. At the time of the loan of this case, the joint and several guarantee contract under the name of the defendant, the copy of the defendant's resident registration certificate, and the head of passbook, which is data on income evidence, were submitted to the plaintiff, and the plaintiff's employee made a telephone call with the defendant on the same day, and

Plaintiff

The Counseling Institute shall prepare the warranty period of the content of the joint and several guarantee contract prepared by Ngre on May 24, 2012 to 5 years, the guaranteed amount of 4 million won, the guaranteed amount of 4 million won, the annual interest rate of 39%, the name of the joint and several sureties, and the name of the wreder as a joint and several sureties, and the wreder's number.

Defendant A C needs.

C. B subsequently lost the interest of the instant loan due to failure to repay the principal and interest thereof, and the instant loan obligation remains as of October 10, 2013, the principal amount remaining as of October 10, 2013 is KRW 3,961,854.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that there was a false fact that the plaintiff's employee seeking confirmation by telephone did not have written his signature on the above joint and several guarantee contract. The plaintiff believed that the plaintiff entered into a valid joint and several guarantee contract with the defendant due to the above defendant's deception, and the loan of this case was executed, thereby causing losses for which the principal amount of KRW 3,961,854 was not repaid. Thus, the defendant is liable to pay the plaintiff the above 3,961,854 won and damages for delay as compensation for tort.

B. The following circumstances recognized by the purport of the above facts of recognition and the entire pleadings, namely, the Plaintiff’s employee, in the course of telephone conversations with the Defendant, has written his/her own signature on the joint and several guarantee contract.

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