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(영문) 서울중앙지방법원 2015.01.15 2013나55668
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 4,984,016 and KRW 2,942,00 among them shall be the Plaintiff on August 2, 2012.

Reasons

1. Basic facts

A. On August 21, 2012, the Plaintiff entered into a loan transaction agreement (i.e., the certificate No. 1; hereinafter “instant loan agreement”) with the terms of lending KRW 5 million to B by August 20, 2017, setting the loan principal at the rate of 39% per annum until August 20, 2017.

B. In the description column of the surety obligation at the bottom of the loan agreement of this case sent by facsimile to the Plaintiff, the Defendant stated that the Defendant is jointly and severally and severally guaranteed within the limit of 6.95 million won, and the “written consent to claim transfer and security offer” at the bottom of the contract and the joint and several surety column of the above contract include the Defendant’s name and signature.

C. On August 21, 2012, the Plaintiff confirmed personal information by telephone to the Defendant, explained the terms and conditions of the loan, details of the joint and several sureties, etc., and asked the Defendant whether he/she has written his/her own signature in the column of the joint and several sureties in the instant loan contract, and the Defendant respondeded to “for example”.

On the same day, the Plaintiff confirmed personal information by phoneing to the Defendant and sought consent to the provision of credit information inquiries, and the Defendant completed the credit information provider’s consent in a way that the Defendant’s credit card number, validity period, and passwords to the Plaintiff, and sent to the Plaintiff a copy of the resident registration card containing the Defendant’s personal information, a copy of identification card, and a detailed statement of the transaction of the entry and

E. Since then, the Plaintiff paid KRW 5 million to B, and around January 26, 2013, B lost its interest due to delay. The remainder of the Plaintiff’s loan to B as of July 30, 2013, including the principal amount of KRW 4,984,017, including interest, fixed damages for delay, and KRW 1,14,898,128,915, including interest, fixed damages for delay.

[Judgment of the court below] Facts that there was no dispute over part of the grounds for recognition, entry of Gap evidence 1 through 8, purport of whole pleadings

2. The assertion and judgment

A. On August 21, 2012, the Plaintiff’s main cause of the claim (i.e., the Plaintiff’s primary cause of claim) is written by the Defendant through B.

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