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(영문) 서울남부지방법원 2014.12.31 2014가단45281
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 5,00,000 to the Defendant (Counterclaim Plaintiff) and the interest thereon from June 14, 2014 to the date of full payment.

Reasons

1. On June 13, 2014, Nonparty B borrowed KRW 5 million from the Defendant at an interest rate of 34.9% per annum (payment on June 15 each month), maturity of June 13, 2019 (hereinafter “the loan agreement in this case”); according to the loan agreement in this case, if interest is overdue for two months, the interest shall be forfeited due to the loan; the fact that Nonparty B failed to pay on one occasion the principal and interest under the loan agreement in this case after the loan agreement in this case; the fact that the principal obligor failed to pay on one occasion the principal and interest under the loan agreement in this case; or that there is no dispute between the parties concerned or that the statement in subparagraph 1 and subparagraph 1 through 5 is recognized comprehensively taking account of each of the statements in the evidence as set forth in subparagraph 1 and subparagraphs 1 through 5.

2. The plaintiff's judgment on the claim of this lawsuit is urgently needed and it is possible to know that "First of all, if the plaintiff becomes a guarantor for another person's loan, he/she may thereafter become a guarantor for that person's loan." The loan contract of this case was entered into as a joint and several guarantee contract of this case after hearing false words, and the defendant knew or could have known that the non-party B, C, and D, an individual of the above loan belongs to the plaintiff by deceiving the plaintiff. Thus, the defendant asserted that the defendant's expression of intent of the above joint and several guarantee contract was revoked on the ground of fraud, but there is not sufficient evidence to acknowledge that there was a fraudulent act as alleged above by the plaintiff, and there is no evidence to prove that the defendant knew or could have known the above fraudulent act. Thus, the plaintiff's claim of this lawsuit is not reasonable, further, without examining other points.

3. According to the facts found in the above "basic facts" as to the counterclaim, the loan of this case is funds.

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