(영문) 서울동부지방법원 2016.01.26 2015가단115535

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(영문) 서울동부지방법원 2016.01.26 2015가단115535

양수금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On June 27, 2006, Defendant A entered into a loan agreement with the non-party company, the loan amounting to KRW 52 million from the non-party company, 36 months of the loan period and the interest rate of KRW 18% per annum, and Defendant B jointly guaranteed the above loan obligations against the non-party company of Defendant A.

(hereinafter “instant loan agreement”). Afterward, Nonparty Company transferred the instant loan claim against the Defendants to the Plaintiff, and notified the Defendants of the said assignment of claim.

B. In other words, the non-party company holds a certificate of personal seal impression, a copy of resident registration, and a copy of identification card issued by the defendant A, and the defendant A must explain what reason the above documents are delivered to anyone.

C. In addition, Defendant B received a proposal from Defendant B to grant KRW 1 million each month in return for lending the name, certificate of personal seal impression, and resident registration certificate, and delivered it to C, and according to which Defendant B delegated the conclusion of joint and several sureties with respect to the instant loan contract, and even if it did not delegate it, Defendant B delegated the conclusion of joint and several sureties, as long as documents confirming the intention of the principal, such as the certificate of personal seal impression and resident registration certificate, were submitted along with the loan application, the non-party corporation had justifiable grounds to believe that the joint and several sureties contract in Defendant B was duly made in accordance with his delegation.

Therefore, Defendant A is the principal obligor of the instant loan agreement, and Defendant B is the joint guarantor of the instant loan agreement, and is obligated to perform the principal and interest of the instant loan to the Plaintiff, the transferee of the instant loan agreement.

2. Determination:

A. Claim No. 2 against Defendant A

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