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(영문) 서울중앙지방법원 2015.12.15 2015나46446
보증채무금
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 1 million and its related amount on January 1, 2015.

Reasons

Facts of recognition

On January 30, 2012, the Defendant received a request from a workplace partner B to become a joint and several surety for a loan, and confirmed the intent of joint and several surety for B by telephone from a c partnership loan (hereinafter “C partnership loan”) on January 30, 2012, and confirmed that the signature of the copy of the joint and several surety contract sent by facsimile is proper.

CK partnership loan was trusted and loaned to B on the same day at the maturity of 3 million won on January 30, 2015 and at the rate of 39% per annum.

However, in fact, the defendant did not send a joint and several guarantee contract signed in writing to the c partnership loan by facsimile, and later, the signature in the name of the defendant stated in the original of the joint and several guarantee contract submitted by mail was not the signature of the actual defendant.

On December 27, 2013, the CRN loan transferred the above credit to the Marshall Franchise Loan Co., Ltd. on May 1, 2012, and notified the transfer of credit to B and the Defendant on December 27, 2013, and the Mamon Loan Co., Ltd. notified the Plaintiff of the transfer of credit on December 31, 2013 and the transfer of credit to B and the Defendant on January 2, 2014.

As of December 31, 2013, a total of KRW 2,611,732, including principal and interest KRW 1,987,412 and interest KRW 624,320, remain.

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 5, and the purport of the whole pleadings, but the above facts were found, although the defendant did not sign the joint and several liability contract and sent it to the c partnership loan, it was said that the c partnership loan confirmed the intent of the joint and several liability and signed it in writing on the joint and several liability contract.

The defendant's act is believed to be effective in a joint and several guarantee contract, and the defendant lent 3 million won to B, and the principal amount of 1,987,412, and interest 624,320.

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