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1. Of the part against the defendant in the judgment of the court of first instance, the part exceeding the scope of the money ordered to be paid below.
Reasons
1. On August 26, 2013, the Plaintiff, a credit service provider registered the fact of recognition, respectively, set the payment period of KRW 10 million to B on August 25, 2018 and the interest rate of KRW 39% per annum (the interest rate for arrears also is 39%).
B, on September 25, 2013, after repayment of the principal amount of KRW 400,00,00,000 as interest and principal, the interest of the loan was discharged at all, and thus, the interest of the loan was lost due date. As of September 26, 2013, the loan principal that B failed to pay is KRW 9,920,547.
On the other hand, on August 26, 2013, the date of lending to B, the Plaintiff was sent by facsimile a joint and several surety contract under the Defendant’s name (hereinafter “instant joint and several surety contract”) with respect to the debt borrowed under B (hereinafter “instant joint and several surety contract”).
On the same day, the defendant issued or allowed the issuance of data containing the defendant's personal information or credit information, such as the copy of the defendant's resident registration certificate, the defendant's health insurance acquisition confirmation, and the health insurance payment confirmation.
In addition, the defendant, while making three telephone calls with the plaintiff's employees on the same day, has confirmed that he is the defendant himself by accurately stating his name and resident registration number. The plaintiff's employee was informed of the terms and conditions of guarantee such as the loan amount, interest rate, etc. from B as well as the term of the defendant's joint and several liability, the scope of the guaranteed liability and the limit of the guaranteed amount, and agreed on the joint and several liability, and the defendant signed on the "place" of the joint and several liability contract
B The credit standing was not good, such as having already borne loan obligations exceeding KRW 300 million at the time of borrowing the above money from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap 1 through 7, Eul 2, the purport of the whole pleadings
2. Judgment on the cause of the claim (only for the preliminary claim for the reasons described below):
A. The plaintiff's assertion that the parties concerned is entitled to direct telephone conversations with the defendant to confirm the defendant's intent of joint and several sureties before the plaintiff lends money to B.