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(영문) 대구지방법원 2016.11.16 2015나308563
채무부존재확인등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

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 contract with the Plaintiff’s signature on each of the above lending dates. On the same day, the Plaintiff informed the Defendants’ employees of the said date of telephone conversations with their names, resident registration numbers, etc. and cooperates in the procedures for identification, and thereafter asked questions whether “B has jointly and severally guaranteed the loan obligations,” and “the copy of the contract has been issued.”

In addition, the Defendants confirmed the Plaintiff’s intent of joint and several sureties with respect to the claim for the above 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 through the KCB Credit Guarantee Service (Personal Credit Inquiry) system with credit card information under the Plaintiff’s name. The Defendant LAF loan around that time was submitted by facsimile and mail with the joint and several sureties contract in which the important self-written items are recorded in the Plaintiff’s workplace, and received the completed joint and several sureties contract.

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

C. The Defendants confirm the intent of the Plaintiff’s joint and several sureties.

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