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(영문) 서울서부지방법원 2017.10.31 2017나1503
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 11, 2014, the LAF LAD loan LAD loan extended a loan of KRW 3 million (hereinafter “the loan in this case”) with a loan interest rate of KRW 34.9% per annum and overdue interest rate of KRW 3,00,00 (hereinafter “the loan in this case”). On the same day, the Defendant stated the maximum guarantee amount of KRW 3 million and the maximum guarantee amount of KRW 4,046,99 as KRW 4,046,99 in the loan transaction contract between the LASAD loan and the LASAD loan, while the maximum guarantee amount of the loan amount of KRW 4,047,00 are stated in the joint and several surety transaction contract with the Defendant. However, although the Plaintiff requested the performance of the joint and several surety obligation against the Defendant, the court of first instance recognized that the Plaintiff stated the highest guarantee obligation amount of KRW 40,046,99 as an error and did not dispute the Plaintiff’s claim amount in this case.

The guarantee period of the loan of this case is 60 months from the date of the contract, and the joint and several guarantee transaction contract of this case is 'the contract of this case'.

AB concluded the agreement.

B. On June 30, 2015, e.g., e., the LACF loan: (a) transferred the instant loan claim to the LACF loan and sent the notice of transfer to B by way of content-certified mail; and (b) around that time, the said notice of transfer reached B.

C. On May 18, 2016, the LAC loan transferred the instant loan claim to the Plaintiff, and sent the notice of transfer to B by certified content-proof mail on May 24, 2016, and the said notice of transfer reached B around that time.

B lost the benefit of time due to the failure to pay the principal and interest of the instant loan obligations, and as of July 3, 2015.

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