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(영문) 서울남부지방법원 2015.01.15 2014나52440
대여금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On May 18, 2012, the Plaintiff received an application for a loan to provide a joint and several surety by means of a computerized loan from a loan brokerage company, AB, the Defendant, at an annual interest rate of KRW 12,00,000,000 from the Plaintiff, at a fixed rate of 39% per annum, and at a fixed period of 60 months, and the Defendant applied for a loan to provide a joint and several surety by the Defendant.

B. The Plaintiff confirmed the following: (a) as a debtor, the Plaintiff: (b) as a debtor; (c) a loan transaction agreement in which the Defendant written as a joint and several surety and signed thereon; (b) a written consent to provide personal information of B and the Defendant; (c) a copy of the Defendant’s resident registration certificate; (d) a Defendant’s health insurance qualification certificate (based on May 18, 2012); and (5) a Defendant’s health care insurance premium payment certificate (based on May 18, 2012); and (d) called the Defendant for the loan examination.

C. On May 18, 2012, the Defendant informed the Plaintiff’s employee of his resident registration number and credit card password and cooperates with the Plaintiff’s employee in the procedure of identification, and responded to the Plaintiff’s employee in detail after being asked the Defendant about “the relationship with the Defendant, whether the Defendant already signed in the provisional contract, the Defendant’s dwelling type, family situation, Defendant’s occupation, monthly income, etc.,” and asked the Defendant whether he/she wishes as a joint and several surety for the loans of KRW 12,00,000,000 to the Defendant.” The Defendant respondeded that the original joint and several surety contract will be sent to the Defendant at the Defendant’s request and sent the registration in writing.”

On May 18, 2012, the Plaintiff loaned 12,00,000 won to B at the interest rate of 39% per annum, 60 months during the lending period, and 20 days per month on the date of the repayment agreement.

(hereinafter “instant loan”). (e) The instant loan is made.

The defendant was served by mail on or around May 2012 on the original joint and several sureties contract by the plaintiff, but himself is the plaintiff and the case.

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