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(영문) 광주지방법원 2017.07.06 2017나991
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. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 1 through 7 and Eul evidence Nos. 4 that the defendant's joint and several liability is recognized, the fact that Eul borrowed KRW 7,050,000 from LG card Co., Ltd. on September 3, 2001, interest rate of KRW 19% per annum, 36 months of loan period, equal installments repayment of principal and interest, delay damages, and 26% per annum (hereinafter "the loan claim of this case"), and ② LG card Co., Ltd. transferred the loan claim of this case to LG investment securities Co.,, Ltd. on October 24, 2003, and transferred it to the plaintiff on the same day, and it can be recognized that the notice of legitimate assignment of claim reaches the debtor at that time.

According to the above facts, as a joint guarantor of the loan claim of this case, the defendant is obligated to pay to the plaintiff 7,050,000 won with the loan principal of 7,050,000 and damages for delay calculated at the rate of 17% per annum, which is the interest rate per annum, from October 25, 2003 to April 16, 2010 when the copy of the complaint of this case was delivered to the plaintiff from October 25, 2003, and 20% per annum from the next day to the date of full payment.

B. The Defendant asserts that it is difficult to accept the Defendant’s argument of denying the fact of joint and several sureties, that there was no joint and several sureties.

According to the above evidence, it can be acknowledged that the defendant's name and seal exists on the joint and several surety of the documents on the loan claim of this case, and the defendant's employment and salary certificate that appears to have been issued by him and delivered to B are stated as "for the loan guarantee for the loan loan of the LG Capital."

If the above facts show that the defendant is the child of the principal debtor B, all documents concerning the defendant's joint and several sureties for the claim for the loan of this case are documents.

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