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(영문) 서울중앙지방법원 2020.08.20 2019나41043
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 4,876,951 as well as its full payment from July 12, 2018.

Reasons

1. Facts of recognition;

A. On December 10, 2012, the Plaintiff loaned KRW 5,000,000 to C, respectively, at the maturity of payment on December 9, 2017 and at the rate of 39% per annum (hereinafter “instant loan”).

B. On December 10, 2012, the Plaintiff sent a letter of joint and several sureties signed by the Defendant to the column of joint and several sureties by facsimile from the Defendant, phoneed the Defendant to verify personal information, explained the terms and conditions of the loan, details of the joint and several sureties, etc., and asked the Defendant whether the joint and several sureties signed in the column of the loan contract in this case as a joint and several sureties, and the Defendant

C. The Plaintiff confirmed personal information by phone calls to the Defendant and sought consent to the credit information inquiry, and the Defendant completed the credit information provider’s consent in a way that sets five jobs in the Defendant’s mobile phone number and identification number, and sent a copy of identification card containing the Defendant’s personal information, a written confirmation of eligibility for health insurance, and a payment certificate of health and long-term care insurance premium to the Plaintiff.

Since then, the Plaintiff paid C a loan of KRW 5,00,000, and C lost the benefit of time on July 4, 2018. As of July 4, 2018, the remainder of the Plaintiff’s loan to C as of July 4, 2018 is KRW 5,321,658, including the principal amount of KRW 4,99,50,000, and the interest and the fixed damages for delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 10 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) On December 10, 2012, the Plaintiff’s primary claim Plaintiff submitted by facsimile a joint and several surety contract in which the Defendant’s signature was written, and after going through the Defendant’s personal verification procedure through telephone call with the Defendant, confirmed the intention of joint and several sureties with the Defendant. As such, the Defendant was obligated to pay the instant loan to the Plaintiff on the ground that the valid joint and several sureties contract was concluded with the Defendant.

(2) The conjunctive claim is between the plaintiff and the defendant.

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