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(영문) 서울중앙지방법원 2018.09.18 2017가단5150299
채무부존재확인
Text

1. On May 15, 2017, Plaintiff (Counterclaim Defendant) Co., Ltd. and Defendant (Counterclaim Plaintiff) for H on May 15, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 15, 2017, H, the Plaintiff’s workplace, entered into a monetary loan agreement with Defendant B on the loan amount of KRW 6 million per annum, interest rate of KRW 27.9% per annum, and May 14, 2022 with maturity; ② a monetary loan agreement with Defendant D on the loan amount of KRW 6 million per annum, interest rate of KRW 27.9% per annum, maturity of May 14, 2022; ③ a money loan agreement with Defendant F and the loan amount of KRW 6 million per annum, interest rate of KRW 27.9% per annum, maturity of May 14, 202 with maturity of KRW 6 million (hereinafter “each of the above monetary loan agreement”); and a joint and several surety agreement with the Plaintiff as the joint and several surety agreement; and the amount of KRW 7.8 million per guaranteed debt.

B. On May 15, 2017, in the name of the Plaintiff, a joint and several surety contract was prepared between the Defendant Company and the Defendant Company with the same content as the joint and several surety column of the loan agreement in this case (hereinafter “each joint and several surety contract in this case”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, Eul 1, Eul 3, Eul 1, Eul 3, Eul 1, Eul 1 and 2 (including a number; hereinafter the same shall apply)

2. Summary of request;

A. Since the Plaintiff entered into a joint and several surety contract with the Defendant Company for H, there is no joint and several surety obligation for the Defendant Company.

B. 1) Defendant B and D’s claim and Defendant F’s primary claim, I Co., Ltd. (hereinafter “I”) as the entrusting company that received the contract from the Defendant Company.

(2) If Defendant F’s employee directly requested the Plaintiff to prepare each of the joint and several surety contracts of this case, and then, the Plaintiff received an identification card from the Plaintiff and replaced the Plaintiff’s identification card, and attached the Plaintiff’s photograph or copy to each of the joint and several surety contracts of this case, thereby confirming the Plaintiff’s intent of joint and several surety.

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