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(영문) 서울남부지방법원 2016.04.07 2015나60035
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The plaintiff asserts that the defendant is jointly and severally liable to pay the outstanding principal and interest of loan to the plaintiff as joint and several sureties, since he/she has jointly and severally guaranteed the loan obligations of B at the time

In this regard, the defendant asserts that there is no sign or seal affixed to the documents related to joint and several sureties, and thus there is no responsibility.

2. Facts of recognition;

A. On June 3, 2013, the Plaintiff sought a loan of KRW 4,00,000 from the Plaintiff at an annual interest rate of KRW 34.9% and 60 months during the loan period, and the Defendant received an application for a loan of joint and several guarantee up to KRW 5,396,000.

B. The Plaintiff confirmed the loan transaction contract and joint and several sureties contract (Evidence A) with which the Defendant entered as the obligor and the Defendant respectively as the joint and several sureties, and ② the credit information provider consent of B and the Defendant, and made a telephone to the Defendant for the examination of the loan.

C. On June 3, 2015, the Defendant, in the currency with the Plaintiff’s employee, notified the Plaintiff’s employee of his resident registration number and cooperated in the process of identification through the mobile phone certification, and signed the Plaintiff’s written signature on the joint and several guarantee contract to the Plaintiff employee, and said that the Defendant had the intent of joint and several liability for the loans of KRW 4,00,000 to B.

On June 3, 2013, the Plaintiff loaned 4,00,000 won to B at the interest rate of 34.9% per annum, 60 months during the lending period, and 15 days per month on the date of the repayment agreement.

E. On June 16, 2015, the Defendant, who did not pay the principal and interest of the loan, deposited KRW 49,719 as interest on the loan to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 7, purport of whole pleadings]

3. Determination

A. Article 3(1) of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015) provides that “A guarantee shall take effect only when the intent is indicated in writing with the name and seal or signature of the guarantor.”

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