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(영문) 대전지방법원 2018.06.28 2016가단214107
보증채무금
Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Determination of the assertion regarding the conclusion of joint and several guarantee contracts

A. On November 20, 2015, the Plaintiff succeeded to the Plaintiff: (a) around 36 months of the loan period, interest rate of 5.9% per annum, and delay interest rate of 27,70,00 won were set at 24% per annum under the Defendant’s joint and several sureties’s joint and several sureties; (b) around May 18, 2016, the Plaintiff lost its interest due to the Plaintiff’s failure to repay the above principal and interest rate of 26,286,422, interest rate of 375,129, interest rate of 86,625, total of 26,748,176, and delay interest rate of 86,625, and the Intervenor succeeded to the Plaintiff’s loan from the Plaintiff on October 20, 2016, the Defendant asserts that the Defendant is liable to pay the Plaintiff’s loan to the Intervenor.

B. However, among the evidence Nos. 2, as shown by the plaintiff's assertion that the defendant jointly and severally guaranteed the above loan obligation of the company of this case, there is no dispute between the parties that the following stamp image after the defendant's name as joint and several surety No. 1 is based on the defendant's seal. Meanwhile, in full view of the statement No. 3, the court's verification result, and the whole purport of the arguments as to the defendant's contact point as to the Este Telecom Co., Ltd., the telephone number (C) recorded as the defendant's contact point in No. 2 was not the defendant's mobile phone number, but the mobile phone number (C) was not the defendant's mobile phone number, and the plaintiff's counselor called as the above phone number in order to verify the defendant's intent of joint and several surety around November 23, 2015, the plaintiff's telephone call with the plaintiff's counselor at the time was not the defendant, but the plaintiff's counselor was requested to send mail to the head office of the company of this case, and all entries No. 2 of the defendant's column No.

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