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(영문) 서울중앙지방법원 2015.08.28 2015나16629
보증채무금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On January 7, 2013, the Plaintiff registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users: (a) lent KRW 5,00,000 annually to B on January 7, 2013; and (b) the period of loan from the date of entering into the contract to January 6, 2018; and (c) in relation to the joint and several guarantee agreement entered into (hereinafter “instant agreement”), the Defendant stated that the Defendant’s joint and several guarantee shall be provided within the limit of KRW 6,950,00.

B. 1) On January 7, 2013, the Plaintiff’s employee posted a telephone to the Defendant, explained the terms and conditions of the loan specified in the instant contract and the details of the joint and several sureties, and asked the Defendant whether he/she has written his/her signature as a joint and several sureties in the instant contract, and the Defendant asked him/her about whether he/she had written his/her signature as a joint and several sureties. 2) The Defendant issued a copy of the identification card and a certificate of payment of health care

C. On February 4, 2014, B paid the interest on the said debt, after the repayment of the interest on the said debt, lost a benefit due to a failure to pay the principal and interest on the loan. The interest on the loan remaining as of April 23, 2014 is KRW 5,512,875, and the principal is KRW 5,00,000 among them.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 10 (including virtual numbers) and the purport of the whole pleading

2. Judgment on the main claim

A. Upon the request of the Defendant, the Plaintiff expressed his intent of joint and several sureties by confirming that the Plaintiff, who received the evidence Nos. 10 (Joint and Several Guarantee Contract) stating the purport as a joint and several sureties upon the receipt of the Defendant’s request, asked the intention of writing, signature and joint and several sureties by wire. The Defendant asserts that the Defendant is a joint and several sureties

B. The part of the Defendant’s signature among lives, Gap’s Certificate Nos. 10 (Joint Guarantee Contract) is written as Gap’s Certificate Nos. 5 through 9.

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