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(영문) 서울중앙지방법원 2015.11.17 2015나34771
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The defendant is charged with KRW 2,404,085 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a lending company registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. On December 4, 2013, the Defendant filed an application with the Plaintiff for a loan of KRW 5,000,000 with the Defendant as a joint and several surety.

C. The employee in charge of the Plaintiff called to the Defendant on the same day, explained B’s loan amount, interest rate, and repayment method, and agreed to bear the same obligation as the joint and several surety B.

The defendant affirmed all the defendant's answer.

The employee in charge requested the defendant to send a copy of his identification card to the defendant's workplace because he sent the form of the joint and several guarantee contract to the defendant.

On the same day, the Plaintiff loaned KRW 5,000,000 (hereinafter “instant loan”) to B.

The principal and interest shall be paid in installments by December 3, 2018, and the interest rate and interest rate for delay shall be 39% per annum.

E. B delayed repayment of the principal and interest of the instant loan from December 27, 2013.

F. The remaining principal of the instant loan as of December 27, 2014 is KRW 4,808,171.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 7, the purport of the whole pleadings

2. Judgment on the main claim

A. The Defendant asserted that the Plaintiff’s debt of the instant loan was jointly and severally guaranteed.

B lost the benefit of time due to delinquency in paying the principal and interest of the instant loan.

The defendant, as a joint and several surety, has the obligation to repay the principal and interest of the loan of this case.

B. We examine the judgment, and the entry of Gap evidence No. 3 (Joint Contract) that corresponds to the defendant's assertion that the defendant was a joint and several surety is not admissible as evidence, since there is no evidence that the signature of the joint and several surety is the defendant's own completion.

A’s identification card No. 4 (A copy of identification card) is insufficient to admit the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

The plaintiff's assertion on this part is without merit.

3. Preliminary claim.

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