logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.20 2015나49612
보증채무금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On November 22, 2013, the Plaintiff lent KRW 4,000,000 to B, with the interest rate of KRW 39% per annum and delay damages rate of KRW 39% per annum and November 21, 2018.

(b) The loan of this case from the following day:

The loan guarantee contract of the loan of this case (hereinafter referred to as the "loan guarantee contract of this case") is written by the defendant as the joint guarantor of the loan of this case against the plaintiff of this case.

C. At the time of the instant loan contract, the Plaintiff received a copy of the Defendant’s identification card, a copy of the business registration certificate, a copy of the Value-Added Tax Base Certification, and a certificate of income amount (for the reporting person of global income tax), and confirmed the Defendant’s resident registration number and address through telephone conversations with the Defendant, and obtained the Defendant’s confirmation of the intent to guarantee and consent to guarantee the instant loan, and the credit information provider’s consent. The Plaintiff was confirmed to have

B From May 12, 2014, the loan principal and interest of this case were overdue, and as of April 14, 2014, the loan balance remains in KRW 3,795,928.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 4, 5, Gap's evidence 3-1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that, as the Defendant jointly and severally guaranteed the instant loan obligations, the Defendant is responsible for performing the obligations under the loan guarantee contract of this case. The Special Act on the Protection of the Surety and the Guarantee of the Guarantee of the Guarantee of the Guarantee of the Deposit of the Defendant (hereinafter referred to as the “Surety Protection Act”).

Article 1 The purpose of this Act is to contribute to the establishment of a credit society by preventing economic and mental harm of guarantors due to guarantees which are performed with no consideration by providing for special cases to the Civil Act with respect to guarantees and by establishing a reasonable practice of guarantee contract for monetary obligations.

Article 3(1) provides that “A surety shall be the surety.”

arrow