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(영문) 대구지방법원 2015.09.25 2014가단51807
채무부존재확인등
Text

1. The Defendant (Counterclaim Defendant) Co., Ltd. and the Defendant (Counterclaim Plaintiff) Co., Ltd.

Reasons

1. Basic facts

A. The Defendants are credit service providers established under the Act on the Registration of Credit Business, etc. and Protection of Finance Users. The Defendants concluded a loan agreement with Defendant Lone Star Loans (hereinafter “Defendant Lone Star Loans”) on March 15, 2012, setting the loan amount of KRW 4,000,000 per annum, interest rate of KRW 39% per annum, interest rate of KRW 4,000,000, interest rate of overdue interest rate of KRW 60 per annum, 60 months during the loan period, and interest and interest equal equal installment method, and concluded a loan agreement on March 15, 2012 with Defendant Lone Star Loans Co., Ltd. (hereinafter “Defendant Lone Star Loans”) and the loan amount of KRW 3,00,000, interest rate of KRW 39% on March 15, 2012, interest rate of KRW 60 months during the loan period, and interest equal installment method

B. The Defendants received a joint and several guarantee agreement signed by the Plaintiff on the date of the above loan, and the Plaintiff responded to all questions whether “B is a joint and several surety with respect to the loan obligation,” and “the copy of the contract is delivered” after having informed the Defendants’ employees of the same day of telephone conversations with their names, resident registration numbers, etc. and has cooperated in the procedure of identification.

In addition, the Defendants confirmed the Plaintiff’s intent of joint and several sureties with respect to the claim for the loan against B by telephone call with the Plaintiff’s portable phone term, and followed the Plaintiff’s identification procedure, or inquired the Plaintiff’s credit using the KCB Credit Transmission (Personal Credit Inquiry) system with credit card information under the Plaintiff’s name. The Defendant LF Capital loan around that time sent the Plaintiff’s joint and several sureties contract with the important self-written items in the Plaintiff’s workplace by facsimile and mail, and the Plaintiff signed it and sent it again by mail to the Defendant LF Capital loan by mail.

In addition, the Defendants were also submitted a copy of the Plaintiff’s vehicle driver’s license, a health insurance qualification certificate, and a health and long-term care insurance premium payment certificate.

C. The defendants are the defendants.

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