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(영문) 서울서부지방법원 2015.08.20 2014가단44058
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. The maximum amount of KRW 5,560,000 shall apply to Defendant (Counterclaim Plaintiff) C&B Investment Loan Co., Ltd.

Reasons

1. Basic facts

A. The Defendants were credit service providers established under the Act on the Registration of Credit Business, etc. and Protection of Finance Users. Defendant C&B Investment Loan Co., Ltd. (hereinafter “Defendant C&B loan”) loaned KRW 3,807,032 to B on January 7, 2014 at an interest rate of KRW 39% per annum, interest rate of overdue interest rate of KRW 39% per annum, 60 months during the loan period, and interest rate of equal installments. Defendant C&B loan (hereinafter “Defendant C&B loan”) borrowed KRW 4,00,000 to B on January 7, 2014; interest rate of KRW 39%; the loan period; interest rate of KRW 39,00; interest rate of KRW 4,00,000; and interest rate of KRW 30,00 per annum, interest rate of KRW 30,00 per annum, interest rate of KRW 40,00 per annum; and interest rate of KRW 30,000 per annum.

B. The Defendants received a joint and several surety contract signed and sealed by the Plaintiff on the same day. On the same day, the Plaintiff responded to the questions whether “B is a joint and several surety with respect to the loan obligation,” and “the copy of the contract is delivered” after having notified the Defendants’ employees and employees of the same day of telephone communications with their names, resident registration numbers, etc. and provided cooperation in the process of identification.

C. After confirming the intent of the Plaintiff’s joint and several sureties, the Defendants conducted a loan to B under the above loan contract. B lost the benefit of time due to the failure to repay each of the above principal and interest of the loan in time, and the amount of money to be paid by the Defendant to the Plaintiff is same as

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 7, Eul evidence 1 to 10, Eul evidence 1 to 4, Eul evidence 1 to 4 (including each number), the result of each verification by this court, the purport of the whole pleadings

2. The parties' assertion and judgment on the principal lawsuit and counterclaim

A. The plaintiff of the parties asserted:

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