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(영문) 대구지방법원서부지원 2015.07.15 2014가단22684
손해배상(기)
Text

1. Of the principal lawsuit of this case, the Plaintiff (Counterclaim Defendant)’s Defendant (Counterclaim Plaintiff) and the Defendant Citlishing loan.

Reasons

1. Basic facts

A. B, on August 13, 2013, obtained a loan of KRW 5 million from the Defendant M&A, KRW 10 million from the Defendant M&A loan, KRW 10 million from the Defendant M&A loan, KRW 7 million from the Defendant M&A loan, KRW 7 million from the Defendant M&A loan, KRW 7 million from the Defendant M&A loan, and KRW 10 million from the Defendant H&A loan, KRW 10 million from the Defendant C&A loan, at each interest rate of KRW 39 percent per annum and interest rate for delay (hereinafter “instant loan”).

B. The joint and several sureties contract prepared at the time of each of the instant loans (hereinafter “joint and several sureties contract of this case”) includes the Plaintiff’s name, resident registration number, address, etc. in the “joint and several sureties” column, and the documents related to each of the instant loans are attached to the documents necessary for joint and several sureties, such as a copy of the Plaintiff’s identification card, a certificate of eligibility for health insurance, a certificate of payment of long-term care insurance premium, etc., but among them, the health insurance qualification acquisition certificate, and a certificate of payment of long-term care insurance premium are issued by the loan broker by misrepresenting the Plaintiff.

C. Prior to the execution of each of the instant loans, the Defendants informed the Plaintiff of the contents of the instant loans and the specific scope of the said loans and the joint and several sureties’s obligation, and confirmed whether the Plaintiff intended to provide joint and several sureties’s respective loans, and whether each of the instant joint and several sureties’s respective joint and several sureties’s contract was written in writing. The Plaintiff responded to the purport that the Plaintiff is willing to provide joint and several sureties’s respective joint and several sureties’s contract.

【Fact-finding without dispute, Gap evidence 1 through 5, evidence 9 through 12, evidence 18, evidence 21 through 25, Eul evidence 2 through 6, Eul evidence 1 through 9, Eul evidence 1 through 7, Eul evidence 1 through 8, evidence 1, evidence 4, and evidence 4.

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