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(영문) 서울동부지방법원 2013.09.13 2013가단100676
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,88,584, and KRW 45,912,487, out of the above money, the annual period from November 22, 2012 to the full payment.

Reasons

1. Basic facts

A. On February 2012, the Defendant, along with Nonparty B, conducted a wholesale business in the name of “C” and issued his/her resident registration certificate, driving name certificate, certificate of seal impression, and certificate of seal impression to B.

B. On February 8, 2012, D drafted an application for vehicle installment loan (hereinafter “instant application for loan”) to be loaned from the Defendant as the principal amounting to 51,50,000, 48 months during the loan period, 7.95% per annum (24% per annum) from the Defendant, and signed and sealed in the column for joint and several sureties for the said application for loan under the name of the Defendant.

(A) Evidence No. 1-2) (c)

On February 8, 2012, the employee in charge of the Plaintiff asked the Defendant, via telephone, whether he/she entered the application for installment loan of D vehicles as a joint guarantor, whether he/she directly prepares the application for the loan of this case, and whether the Defendant’s maximum amount of guaranteed debt is 618 million won, which is 120% of the principal amount to be paid by the Defendant, and the Defendant stated that all of the above matters are recognized.

(A) No. 7, d.

On November 21, 2012, debts pursuant to the loan application form of this case are principal KRW 45,912,487, total principal and interest KRW 46,88,584.

(A) [Evidence 2] / [Evidence 2] / without dispute, Gap evidence 1 (including a provisional number; hereinafter the same shall apply) through 7, Eul evidence 1 and 3, and the purport of the whole pleadings.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the defendant jointly and severally guaranteed D's loan obligations through the loan application of this case.

On the other hand, the defendant issued the defendant's seal impression, certificate of seal impression, etc. to carry on the business with the non-party B, but the loan application of this case was forged by the third party, not the defendant, and thus, it cannot respond to the plaintiff's claim.

B. According to the purport of the entire pleadings in the statement Nos. 1 and 5, the Defendant’s seal imprint affixed to the application for the instant loan, and the Defendant’s joint and several liability column for the instant loan application to the Plaintiff.

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