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(영문) 서울중앙지방법원 2018.10.16 2018나9547
보증채무금
Text

1. The judgment of the first instance court, including the Plaintiff’s primary claim expanded at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff loaned KRW 34.8% per annum of the interest rate and the overdue interest rate, and October 4, 2020, to the Plaintiff, as a company aimed at credit business, etc., and extended KRW 3,000,000 to B on October 4, 2020.

B. As to the above loan debt B as of the date mentioned in the preceding paragraph, a joint and several surety contract with the amount of the guaranteed debt of KRW 3,000,000, the guarantee period of KRW 4, 2020, the maximum amount of the guaranteed debt of KRW 3,900,000, and overdue interest rate of KRW 34.8% was prepared in the name of the defendant.

[five loan companies, including the plaintiff, have lent 3 million won each to B, and jointly prepared a joint and several guarantee contract under the name of the defendant for the above companies, and the plaintiff received delivery of the joint and several guarantee contract under the name of the defendant from among the above loan companies.]

C. Meanwhile, at the time, a counselor in charge of the Plaintiff’s loan explained the details of B’s loan contract and the Defendant’s joint and several guarantee contract by telephone to the Defendant, and confirmed the Defendant’s intent to stand a joint and several guarantee contract, and then, the Plaintiff’s telephone again after checking upon sending it to the Defendant’s joint and several guarantee contract.

After receiving a joint and several guarantee contract on the same day, the Plaintiff’s counselor calls again to the Defendant, and confirmed whether the contents of the joint and several guarantee contract and the Defendant have written themselves in the said joint and several guarantee contract, and the Defendant responded to “e.g.,”

B has lost the benefit of time due to the delinquency in payment of interest, and the remaining principal has not been repaid in excess of 2,99,528.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 6 through 8, and the purport of the whole voice and pleading

2. Determination:

A. The summary of the Plaintiff’s assertion 1 as to the primary claim (a claim for the performance of a guaranteed obligation under a joint and several guarantee contract) is that the Defendant jointly and severally guaranteed the loan obligation of B, and thus, the Defendant is within the maximum of KRW 3.9 million, which is the maximum amount of the guaranteed obligation, and the principal and interest of the obligation based on the standard on February 2, 2018 and the remaining principal among them.

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