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(영문) 인천지방법원 2018.05.08 2017가단210326

청구이의

Text

1. The plaintiff's claim is dismissed.

2. With respect to cases where this Court applies for the suspension of compulsory execution No. 2017 Chicago1036, 2017.

Reasons

1. Basic facts

A. The defendant is a monetary creditor against the non-party D (E) and the plaintiff is a joint and several guarantor against the defendant.

B. On November 15, 2011, the agreement in which the defendant and F are the creditor, D, the debtor, and the plaintiff as the joint and several sureties of the debtor (hereinafter “instant agreement”) was written, and some of the contents of the said agreement are as follows.

B, F (hereinafter referred to as “creditors”) and D/C guarantors A (hereinafter referred to as “debtors”) agree with respect to the repayment of 180,000,000 won to E and D’s creditors of land purchase and sale subscription money and the refund of 180,000 won.

2. The debtors shall reimburse the remainder of 150,000,000 won as follows:

(1) From February 2012 to May 2013, 2013, debtors shall pay an annual amount of KRW 6 million to the representative B of creditors as of the end of each 16-month (in the case of national holidays, the following day) from February 2012 to May 2013, and shall pay an annual amount of KRW 54 million on June 28, 2013 (Friday) and complete the said amount of KRW 150,00,000.

B. The obligor’s above 2.A

(1) If the performance under subsection (1) is delayed not less than twice, the obligor shall lose the benefit of time.

When the obligor loses the benefit of time, the obligor shall pay the interest in arrears at the rate of 20% per annum.

4. Special terms and conditions: Provided, That since Category A, which is a joint and several surety, is the representative of the planning company of Category E and joint and several sureties, if any Category A discontinues to resign or transfers the same status as the previous one to any other, he/she may be exempted from the responsibility of joint and several sureties by replacing the person who has the same

C. On November 25, 2011, based on the instant agreement, a notarial deed of a monetary loan agreement No. 227 of the 2011 No. 201 (hereinafter “instant notarial deed”) was prepared by the joint office of the notary public, in which the Defendant is the obligee, D, the obligor, and the Plaintiff as joint and several sureties, and some of the instant notarial deeds are as follows.

Article 1 (Loan and Lending of Money) Creditors shall be dated November 201.