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(영문) 서울남부지방법원 2019.01.11 2018가단244352
채무부존재확인
Text

1. The Plaintiff and Defendant B Co., Ltd. were concluded on July 18, 2014 between the Plaintiff and G Co., Ltd.

Reasons

1. Basic facts

A. G Co., Ltd (hereinafter “G”) extended a loan of KRW 4,00,000 to I on July 18, 2014 at interest rate of KRW 34.9% per annum and due date of payment on July 18, 2019 (hereinafter “instant loan 1”).

With respect to the instant loan 1, July 18, 2014, the Plaintiff’s loan guarantee contract (Evidence A(Evidence 1) was drafted and submitted to G, and the written guarantee agreement is between “A” and the signature of “A,” which is the primary debtor.

After that, on April 29, 2017, G transferred the instant first loan claim to Defendant B Co., Ltd. (hereinafter “Defendant B”), and notified I of the said transfer on May 16, 2017.

B. On July 18, 2014, H Co., Ltd. (hereinafter “H”) loaned a loan of KRW 4,00,000 to I at 34.9% per annum and due date on July 18, 2019 (hereinafter “instant second loan”).

With respect to the second loan of this case, the joint and several guarantee contract (No. B. 1) signed in the Plaintiff’s name was submitted to H on July 18, 2014, and the letter of guarantee agreement is between H and the signature “A”, which is the primary debtor.

H on September 30, 2014, transferred the instant second loan claim to Defendant D Co., Ltd. (hereinafter “Defendant D”) and notified I of the said transfer around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1 to 6, Eul evidence 1 to 7, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against the Defendants

A. Each of the instant guarantee contracts asserted by the Plaintiff 1 as the parties to the dispute is forged by I.

Therefore, each guarantee contract of this case is null and void.

In addition, each contract of guarantee of this case is not directly written or signed by the plaintiff but I.

Therefore, it is null and void because it lacks the awareness of the necessity of the guarantee contract that requires the signature.

Therefore, each guarantee contract of this case.

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