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(영문) 수원지방법원 2017.11.01 2017가단500576

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is on the No. 539 No. 539’s No. 2015’s No. 3000.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the colonies.

B. On October 21, 2014, the Plaintiff prepared and awarded to the Defendant a certificate of borrowing that “the Plaintiff borrowed KRW 120,000,000 from the Defendant” (hereinafter “the instant certificate of borrowing”).

C. On September 23, 2015, between the Plaintiff and the Defendant, the Plaintiff as the obligor, and the Defendant as the obligee, a notary public signed a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following content as the No. 539 of Dasan-Law No. 2015.

Article 1 (Purpose) The creditor lent KRW 70,000,000 to the debtor on September 6, 2014, and the debtor borrowed it.

Article 2 (Period and Method of Payment) 14,00,000 won on August 20, 2016, and 14,000,000 won on the last day of December each year from the last day of December 2017 to the last day of December 2017.

Article 3 (Interest) Interest shall be paid on September 30, 2015, from October 20, 2015 to the 20th day of each month, and 12% per annum on the remaining principal shall apply to the interest.

Article 4 (Place of Performance) The place of performance of the obligation shall be deposited into the creditor's bank account.

Article 5 (Loss of Due Date). If an obligor provided for in Article 6 (Loss of Benefit) falls under any of the following subparagraphs, he/she shall naturally lose the benefit of time for the obligation of the borrowed money, even if no other notification or peremptory notice is given by the obligee, and shall repay all of the remainder immediately:

1. When an application is filed for declaring the debtor bankrupt, commencing the rehabilitation procedures or commencing the individual rehabilitation procedures;

2. When the debtor is subject to a disposition of suspension of transaction by the creditor bank;

3. If the obligor under Article 7 (the foregoing the same shall apply) falls under any of the following cases when the obligor delays the repayment of the principal and interest on one occasion, the obligor shall, upon the obligee's request, lose the benefit of time for the obligation of the borrowed amount and immediately repay all of the remainder of the obligation:

1. Compulsory execution, provisional seizure, provisional disposition or provisional disposition by the debtor from a third person;