beta
Text
1. Of the judgment of the court of first instance, the Court determines to apply the amount of preliminary claim that orders payment following the following:
Reasons
1. Basic facts
A. On April 22, 2013, the Plaintiff leased KRW 5,000,000 to B on a yearly basis, 39% of the loan and overdue interest rate, 60 months from the date of conclusion of the contract, and the date of the repayment agreement, as the 25th day of each month.
(hereinafter “instant contract”). (b)
However, B did not pay not only the principal but also the interest, thereby losing the benefit of time. As of November 26, 2013, B bears the Plaintiff’s principal amounting to KRW 5,00,000, interest amounting to KRW 470,737.
C. Meanwhile, at the time of the conclusion of the instant contract, the Defendant’s joint and several surety contract was prepared with the content that the Defendant is jointly and severally liable for the obligation under the instant contract against the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 5 evidence, purport of the whole pleadings
2. Judgment on the main claim
A. The plaintiff asserts that the defendant should pay the amount of money as stated in the main claim to the plaintiff because he/she jointly and severally guaranteed the defendant's obligation to the plaintiff under the contract of this case. The defendant asserts that the defendant does not bear the obligation of joint and several sureties pursuant to Article 3 (1) of the Special Act on the Protection of Surety (hereinafter "Surety") since he/she did not have signed the contract
B. In light of the determination, Article 3(1) of the Surety Protection Act provides that "a guarantee shall take effect upon a written statement with the name and seal or signature of the guarantor," and Article 11 of the same Act provides that "a contract contrary to this Act and which is disadvantageous to the guarantor shall not take effect against the guarantor."
In light of the legislative purpose, purpose, and content of the above Special Act, unless the guarantor gives a written guarantee with his/her name and seal or signature, the guarantee does not become effective even if the guarantor has expressed his/her intent of guarantee by other means.
In this case, the defendant shall raise an objection.