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(영문) 서울중앙지방법원 2015.06.11 2014나64843
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. In the first instance court, the plaintiff filed a claim for the performance of the obligation under a joint and several surety contract and damages arising from the conjunctive tort. The court of first instance dismissed the plaintiff's main claim and accepted part of the conjunctive claim.

Since only the defendant filed an appeal, the scope of this Court's trial is limited to the above preliminary claim.

2. Facts of recognition;

A. B took out a loan of KRW 5,00,000 from the Plaintiff on November 30, 201, and agreed that the interest rate and overdue interest rate shall be 39% per annum, and the period of the loan shall be 60 months from the date of conclusion of the contract, and the 25th day of each month shall be the date of repayment, and the loan shall be repaid in a free repayment method.

B. At the time of the above loan, when the copy of the joint and several guarantee contract with the purport that the Defendant is jointly and severally guaranteed by the Defendant and the Defendant’s resident registration certificate was submitted to the Plaintiff, the employee in charge of the Plaintiff called the Defendant before performing the above loan on November 30, 2011 to explain the terms and conditions of the loan and the contents of the joint and several guarantee, and confirm the Defendant’s personal information, intent of joint and several sureties, and whether the contract was written in a separate and several sureties contract, and requested the Defendant to agree to inquire about the loan information and credit information, and to prepare and send the original copy of the joint and several sureties contract. The Defendant confirmed all of the above joint and several sureties’s descriptions, consented to

C. However, the defendant did not prepare the original of the joint and several guarantee contract concerning the above loan obligations of B thereafter.

B From August 28, 2012, from around August 28, 2012, B lost the benefit of time due to the repayment of the above loan, and the principal of the above loan obligation not repaid by B as of November 22, 2012 is KRW 5,00,000.

[Judgment of the court below]

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