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(영문) 서울중앙지방법원 2015.06.11 2013나65030
보증채무금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall limit the amount of KRW 3,900,000 to the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On September 3, 2012, the Plaintiff granted a loan of KRW 3,00,000 to B on September 3, 2012 at the maturity of KRW 39% per annum and at the interest rate of 39% per annum, and on July 9, 2013, the Plaintiff transferred a loan claim against B to the Intervenor succeeding to the Plaintiff, and notified the Plaintiff on August 8, 2013.

B. The balance of the claim against the Plaintiff’s succeeding intervenor B is KRW 1,346,09 as of April 28, 2014.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The plaintiff succeeding intervenor asserts that he/she jointly and severally guaranteed the Defendant’s debt of the above loan, while the defendant claimed the performance of the guaranteed debt, the defendant alleged that he/she had not jointly and severally guaranteed it.

3. The judgment is based on the following facts: (a) the Plaintiff sent a joint and several surety contract to the Defendant by mail, but the Defendant did not sign the contract; (b) there is no dispute between the parties; (c) on the other hand, in full view of the purport of the entire pleadings in the evidence Nos. 1, 2, 3, 5, 6, and 7, the Plaintiff signed the agreement on September 3, 2012 with its joint and several liability within the limit of KRW 3,900,00 on the column of the joint and several surety of the “a certificate of consolidated loan transaction” stating that the obligation of the above loan of KRW 3,90,000 is jointly and severally guaranteed, and then sent the above “a certificate of consolidated loan transaction” to the Plaintiff by facsimile; (d) the Plaintiff’s employees sent the answer to the same purport after obtaining the intention of joint and several liability from the Plaintiff’s employees; and (e) the Plaintiff’s basic terms and conditions of loan transaction lose profits within the period of 30 days after receiving the loan.

(Article 16(3)1 and Article 16(3)1 of the above Terms and Conditions may be recognized.

As above, the defendant shall transmit the "written confirmation of consolidated loan transaction" signed in the column of joint and several sureties, and thereby, shall pay B the above loan obligations.

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