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(영문) 서울중앙지방법원 2018.07.25 2017가단5106179
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) within the limit of KRW 9,100,000, respectively:

A. The Defendant Company’s future recreation loans are 7,714.

Reasons

1. Basic facts

A. B received a loan of KRW 7,000,000 each from the Defendants on August 18, 2016. The interest rate and overdue interest rate were 27.9% per annum, and the loan period was 60 months.

B. At the time of the above loan agreement, the Plaintiff prepared to the effect that the Plaintiff is jointly and severally guaranteed within the maximum amount of KRW 9,100,000 within the scope of KRW 9,10,000, and submitted the copy of the Plaintiff’s resident registration certificate, the health insurance qualification acquisition certificate in the Plaintiff’s name, along with the joint and several guarantee agreement signed by the Plaintiff

(hereinafter “each of the instant guarantee contracts”) C.

B Since then, each overdue loan was overdue, and the current status of unpaid principal and interest of loan shall be as follows:

1) On September 12, 2017, the sum of the principal and interest interest on the remaining principal and interest interest on the base date of the future recreation loan, Defendant Non-compact Loan Co., Ltd. (hereinafter “Defendant Co., Ltd.”) 6,988,58,588,695, 581, 4407, 714, 7232 on September 13, 2017, 6,988,5638,5638,5638,592,9567, 661, 6483), the sum of the principal and interest on the remaining principal and interest on interest on the base date of the Defendant Non-compact Loan, Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) 1, 6,978, 95,797, 795, 07604, 75, 7136, 136

2. Determination as to the Plaintiff’s claim against the Defendants

A. Article 4 of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) provides that when entering into a guarantee agreement, the maximum amount of the guaranteed debt must be specified in writing. Article 6 of the Act provides that a guarantee agreement that does not specify the maximum amount of the guaranteed debt in writing is invalid or cancelled on the grounds following the main purport of the claim.

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