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(영문) 서울중앙지방법원 2017.06.16 2016나69996
보증채무금
Text

1. Paragraph 1 of the order of the first instance judgment, including the preliminary claim added at the trial, shall be amended as follows.

Reasons

1. The fact of recognition was that the Defendant lent his/her mobile phone devices opened in the name of the Defendant to his/her own Dong Dong Dong Dongdong, and on May 2015, the Defendant issued his/her resident registration certificate, deposit passbook, and authorized certificate. On May 18, 2015, B delivered the above identification card, etc. delivered by the Defendant to the lending broker who became aware of on the Internet.

C took out a loan of KRW 5,00,000 from the Plaintiff on May 18, 2015 at the interest rate of 34.8% per annum. In the process of the loan, the joint and several guarantee contract under the name of the Defendant stating that “the Defendant shall guarantee C’s above loan obligations within the limit of KRW 6,740,000” was prepared and submitted to the Plaintiff along with a copy of the Defendant’s identification card.

Plaintiff

On May 28, 2015, the employee contacted with the defendant's cell phone numbers stated in the above joint and several liability contract, confirmed whether the intent of the joint and several liability contract and the self-written application of the joint and several liability contract were written. In response to the question of the plaintiff's employee, the non-party who received the telephone stated the fact that he/she was written

C has not repaid the loan of this case to the Plaintiff until now.

[Ground of recognition] Gap evidence Nos. 1, 2, 5 through 7, 9, 10, Eul evidence No. 1-2, the contents of recording, and the purport of the whole pleadings

2. As to the main claim

A. The summary of the Plaintiff’s assertion that the cause of the claim is ① the Defendant written signature in the joint and several guarantee contract concerning C’s loan obligations, and the Plaintiff’s employee verified the intent of joint and several sureties and the fact that the signature was written, thereby concluding the instant joint and several guarantee

(2) Even if the defendant does not prepare a contract for joint and several sureties directly, he/she shall provide the loan broker with his/her identification card and cellular phone to the loan broker through B, and shall grant them the authority to conclude the contract

(3) A domestic loan broker shall be without authority.

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