(영문) 서울중앙지방법원 2018.12.07 2018나39074

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(영문) 서울중앙지방법원 2018.12.07 2018나39074

양수금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On March 26, 2013, the Bad Capital Loans Co., Ltd. (hereinafter “Bad Capital Loans”) loaned KRW 7,000,000 to B at the interest rate of KRW 39% per annum, overdue interest rate of KRW 39% per annum, and maturity of March 25, 2016.

(hereinafter “instant loan”). (b)

Around that time, a guarantee agreement stating that the Defendant’s debt of the instant loan is jointly and severally guaranteed within the limit of KRW 9,730,000 (hereinafter “instant contract”) was prepared in the name of the Defendant.

C. The Plaintiff’s employee made phone calls to the Defendant to verify the Defendant’s name and resident registration number, and explained the loan terms and conditions of the instant loan and the details of joint and several sureties, etc., and confirmed whether the Plaintiff prepared the instant contract in its own writing, and the Defendant responded to all the above questions.

On December 31, 2014, the Bad Capital loan transferred the claim for the instant loan to the Plaintiff, and notified the Defendant of the assignment of the claim on March 18, 2015.

E. B does not redeem the balance of the loan principal amounting to KRW 4,818,186 and interest and damages for delay after August 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 9 through 12, and the purport of the whole voice and pleading

2. The plaintiff's assertion that the defendant jointly and severally guaranteed the loan obligation of this case of this case of this case of this case of this case of this case, and thus, within the limit of KRW 9,730,00,00, the maximum amount of the guaranteed debt, interest and delay damages shall be paid to the plaintiff from August 1, 2014 to the day of full payment. If the defendant did not jointly and severally guaranteed the loan obligation of this case of this case of this case of this case of this case of this case, the defendant's act constitutes a tort by deception, and the plaintiff's act constitutes a tort by deception of this case of this case of this case of this case of this case of this case of this case of 7,00,000,000 shall be loaned to B with trust of the defendant's

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