청구이의
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 13, 2013, the Plaintiff establishes and operates a stock company E (hereinafter “Nonindicted Company”) aimed at real estate sales, development, sale, lease, etc.
B. Upon the Plaintiff’s request, Defendant B made an investment of KRW 95 million on September 7, 2016, including KRW 60 million, KRW 35 million on September 8, 2016, and KRW 30 million on October 14, 2016, and KRW 45 million on December 13, 2016, including KRW 15 million on December 13, 2016 (hereinafter “instant investment”).
Guarantee of 50% of final profits after taxation for investment period of 2 years;
C. On June 5, 2018, the instant notarial deed was prepared between the Defendants, the Nonparty Company, and the Plaintiff with respect to the instant investment, as follows:
On June 5, 2018, an obligee - the Defendants - the obligor company - the Plaintiff - the joint and several sureties - the two representatives Fright holders lent 60 million won to the non-party company, and the non-party company borrowed this.
On August 31, 2018, the repayment key was set as the repayment key.
The interest rate was set at 6% per annum and paid on the date of principal repayment.
If the obligor delays the repayment of the principal or interest, the delayed principal or interest shall be paid to the obligee at the rate of 15% per annum.
A guarantor shall guarantee the debtor's obligation under this Agreement and shall agree to jointly and severally with the debtor to discharge the obligation, the maximum amount of the guaranteed obligation shall be 78 million won and the guarantee period shall be up to August 31, 2028.
When the debtor and the joint and several sureties fail to perform the monetary obligation under this contract, they recognize that there is no objection even if they are subject to compulsory execution.
As the amount prescribed in the instant notarial deed is not repaid until August 31, 2018, the Defendants applied for a compulsory auction of real estate on the size of 1636 square meters prior to Daejeon District Court G, Daejeon District Court G, and the said court rendered a ruling of compulsory auction of real estate on September 4, 2018.