(영문) 서울중앙지방법원 2015.09.24 2015나6103

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(영문) 서울중앙지방법원 2015.09.24 2015나6103

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the plaintiff filed a claim for the performance of the obligation under a joint and several surety contract and damages arising from the conjunctive tort. The court of first instance dismissed the plaintiff's main claim and accepted part of the conjunctive claim.

Since only the defendant filed an appeal, the scope of this Court's trial is limited to the above preliminary claim.

2. Facts of recognition;

A. On February 19, 2013, the Plaintiff extended a loan of KRW 7,000,000 to B, 39% per annum of the interest rate and overdue interest rate, and the repayment date on February 18, 2018.

B. At the time of the above loan, when the copy of the joint and several guarantee contract that the Defendant guaranteed the Defendant’s debt and the Defendant’s resident registration certificate was submitted to the Plaintiff, the employee in charge of the Plaintiff called to the Defendant prior to the execution of the above loan to explain the terms and conditions of the loan and the contents of the joint and several sureties, confirm the Defendant’s personal information, intent of joint and several sureties, and consent to the Defendant’s inquiry into loan information and credit information. The Defendant consented to the confirmation of both the above joint and several sureties and the provisional contract’s writing and

C. B was unable to repay the above loans, thereby losing the benefit of time due to which B did not repay, and the principal of the above loans that B did not repay is KRW 6,940,285.

In the first instance court, the Plaintiff filed a claim for security deposit against the Defendant based on the above loan contract, but the Defendant denied the above joint and several sureties, and did not recognize the signature of the above joint and several sureties contract, and the Plaintiff’s primary claim was dismissed in the first instance court.

【Reason for Recognition】 Each entry of the evidence of subparagraphs 1 through 4 (including the number of branches), and the purport of the whole pleadings

3. Determination on the conjunctive claim

(a) tort;

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