(영문) 서울중앙지방법원 2016.10.14 2016나33287

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(영문) 서울중앙지방법원 2016.10.14 2016나33287

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of a credit business with the competent administrative agency. On April 11, 2013, the Plaintiff leased KRW 3,000,000 to B (hereinafter “instant loan”) at the interest rate of 39% per annum, interest rate of delay, and due date of repayment on April 10, 2018. On the same day, the Defendant provided a joint and several surety (hereinafter “instant joint and several surety contract”) to the Plaintiff within the limit of KRW 4,170,000 per annum.

B. At the time of the above joint and several guarantee contract, the defendant submitted a written confirmation of eligibility for health insurance and a certificate of payment of long-term care insurance premium to confirm that the defendant was affiliated with the above Corporation as an employment-provided policyholder belonging to the above Corporation from January 1, 2007, and that the insurance premium has been paid in a normal manner. On the same day, the defendant was given phone to the defendant, who confirmed the defendant's intent to guarantee the loan of this case, and responded to the contents of the guarantee.

C. B did not repay the agreed interest of the instant loan after June 22, 2015, and as of June 22, 2015, the principal unpaid of the instant loan was KRW 2,819,112.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, as a guarantor under the joint and several guarantee contract of this case, is obligated to pay the Plaintiff 2,819,112 won and damages for delay calculated at the rate of 39% per annum, which is the interest rate for delay, from June 23, 2015 to the date of full payment.

In this regard, the defendant delivered documents necessary for the loan to the plaintiff through B, such as a copy of the defendant's identification card, for the conclusion of the joint and several guarantee contract of this case, and the defendant's intent of joint and several guarantee to the telephone of

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