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(영문) 서울중앙지방법원 2017.10.13 2017나1492
보증채무금
Text

1. Revocation of the first instance judgment.

2. All the plaintiff's primary claim and the conjunctive claim added at the trial.

Reasons

1. Around July 2015, the Defendant issued the Defendant’s resident registration certificate, a certified copy or abstract of resident registration and a certificate of seal impression by requesting B to receive a loan from a company with low interest rate.

C) On July 24, 2015, the Plaintiff borrowed KRW 3,000,000 from the Plaintiff at an interest rate of 34.8% per annum. In the process of the loan, the joint and several guarantee contract under the name of the Defendant stating that “the Defendant is jointly and severally guaranteed by the Defendant within the limit of KRW 3,90,000” was prepared, and submitted to the Plaintiff along with a copy of the Defendant’s identification card and a certified resident registration copy.

Plaintiff

Around that time, the employee contacted the defendant's mobile phone number stated in the above joint and several liability contract and confirmed whether the will of the joint and several liability and the written application of the joint and several liability contract were written. In response to the question of the plaintiff's employee, the employee confirmed that there was the fact that the plaintiff's employee was written

As of July 14, 2016, C’s loan obligations are the remaining principal amount of KRW 2,982,106 and delay damages amount of KRW 246,682.

[Reasons for Recognition] The entry of Gap evidence Nos. 3 through 11 and the purport of the whole pleadings

2. As to the main claim

A. Based on the summary of the Plaintiff’s assertion as to the cause of the claim, the Defendant shall perform the guaranteed obligation under the joint and several guarantee contract of this case.

① The Defendant: (a) written and signed the joint and several guarantee agreement concerning C’s loan obligations; (b) confirmed the intent of the joint and several guarantee agreement and the original signature of the said agreement by telephone to the Plaintiff’s employee; and (c) concluded the instant joint and several guarantee

(2) Even if the defendant did not sign the family joint and several sureties contract and the plaintiff's employee and the man in currency were not the defendant, the defendant granted the basic right of representation by delivering documents necessary for the loan to B for the purpose of loan. Therefore, when the plaintiff's employee calls for the defendant's cell phone number to confirm the intention of joint and several sureties

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