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(영문) 서울중앙지방법원 2017.09.05 2016가단5201350
채무부존재확인
Text

1. On May 3, 2013, for Defendant MSA Loan Co., Ltd., the Plaintiff’s main debtor B.

Reasons

1. Facts of recognition;

A. On May 3, 2013, the Defendant Hyundai Savings Bank (hereinafter “Defendant Hyundai Savings Bank”) loaned KRW 10 million to B on May 3, 2013, and the interest rate and compensation rate for delay were 39% per annum, and the expiration date of the credit was May 3, 2016. At the time, the Plaintiff entered into a joint and several guarantee contract with Defendant Hyundai Savings Bank as to the loan obligations as seen earlier (the maximum amount of KRW 13 million) and entered into a joint and several guarantee contract with the Defendant Hyundai Savings Bank, and entered into a contract with the Defendant Hyundai Savings Bank with the term for settlement of accounts. In this case, the guarantor may designate the term for settlement of settlement of settlement of settlement of settlement by written notification. The term for settlement of settlement shall be 14 days after the date of arrival of notice, and if short, the term for settlement shall be 14 days after the date of maturity of notice.

b) made it available.

B. On May 3, 2013, a joint and several surety loan Co., Ltd. (hereinafter referred to as “Non-Party Company”) granted a loan of KRW 4 million to B on May 3, 2013, and the interest rate and compensation rate for delay were 39% per annum, and the repayment date was on May 3, 2018. At the time, a joint and several surety contract was prepared with the purport that “the guarantee amount is 150% of the above principal of the loan, and the guarantee period is fixed from May 3, 2013 to May 3, 2018, and the Plaintiff’s joint and several surety contract was submitted to the Non-Party Company by mail along with the Plaintiff’s driver’s license, certificate of employment, and written confirmation of deposit transaction of the bank.”

C. After that, around February 26, 2016, Defendant MSA Loan Co., Ltd. (hereinafter “Defendant MSA Loan”) acquired all of the loan claims and their rights as seen earlier from the Nonparty Company, and the Plaintiff took over the same year.

7.28. The payment of interest on the loan by the employee in charge of Defendant MSA loan shall be in arrears.

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