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(영문) 서울중앙지방법원 2017.05.17 2016가단31310
채무부존재확인
Text

1. The plaintiff is based on each joint and several guarantee contract entered in the separate sheet between the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. B is the Plaintiff’s work bonus.

B. Around August 27, 2012, Defendants, companies engaging in credit business, concluded a loan agreement with B to lend each of four million won.

[Ground of recognition] Facts without dispute, entry of Eul 1, 3, Eul 6's evidence, the purport of the whole pleadings

2. The parties' assertion

A. When Plaintiff B obtained a loan from the Defendants, the Plaintiff did not enter into each joint and several guarantee contract as shown in the separate sheet.

I seek non-existence confirmation.

B. In light of the characteristics of small-amount loans, the Defendants received the Plaintiff’s signature by facsimile prior to the loan of small-amount loans, and collected the Plaintiff’s identification card, copy of the Plaintiff’s business registration certificate, and copy of the income certificate in 2011, and verified the Plaintiff’s intent of joint and several sureties with the Plaintiff’s mobile phone, and thereafter received the original contract

A joint and several surety contract was concluded according to the plaintiff's will.

The plaintiff primarily seeks payment of joint and several liability obligations under each contract to the plaintiff.

Preliminaryly, the plaintiff deceivings the defendants, and loans money to B to believe that the joint and several guarantee contract is true, thereby seeking compensation for damages arising from tort.

3. The reasoning of the judgment is added to the evidence Nos. 1, 3 through 6, Eul 1 through 6, 10, 11, Eul 1 through 4, 6, and 8. ① All the Defendants intend to lend 4 million won each to B on August 27, 2012, by facsimile of the Plaintiff’s place of business, and then sent a joint and several surety contract with the Plaintiff’s name, resident registration number, telephone number, home address, signature, etc., a copy of the joint and several surety contract stating the Plaintiff’s name, resident registration number, telephone number, home address, signature, etc., a copy of the Plaintiff’s identification certificate, a copy of the business registration certificate, and a copy of the income certificate of 2011. ② The Defendants received the original copy of the joint and several surety contract stating the same contents and a copy of the Plaintiff’s resident registration certificate by mail.

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