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(영문) 전주지방법원 남원지원 2018.08.29 2017가단11996

청구이의

Text

1. The defendant's notary public against the plaintiffs is a law firm E, Law Firm E, August 10, 2007, No. 3656,3657.

Reasons

1. The following facts do not conflict between the Parties:

The Defendant’s monetary loan and joint and several guarantee 1) Plaintiff B and C’s joint and several guarantee 1 to Plaintiff A; (1) on October 31, 2007, the due date of repayment of KRW 15 million on December 29, 2006, and the rate of 5% per annum (payment on the last day of each month); and (2) on August 10, 2007, the Defendant loaned KRW 1,4250,000 after deducting KRW 750,000 from the prior interest at the end of each month) at the rate of 60% per annum; and (2) on October 31, 2007, the interest rate of KRW 20 million at the due date of repayment of KRW 30% per annum (payment on the last day of each month); and all loans are referred to as “each of the instant loans” in the order of loans plus the number of subparagraphs 1 and 2 in accordance with the above order.

(2) At the time when Plaintiff A borrowed each of the instant loans from the Defendant, Plaintiff B and C jointly and severally guaranteed each of the instant loans to the Defendant.

B. Upon the commission of the plaintiffs and the defendant, each of the notarial deeds in this case was signed on August 10, 2007; ① With respect to the loan No. 1 in this case, a notary public was written on August 10, 2007, No. 3656 of the document No. 3657 of the document No. 3656 of the document No. 3007, Aug. 10, 2007 (the date of a short-term lease is stated as December 31, 2016); ② with respect to the loan No. 2 in this case, a notary public was written on August 10, 2007 as the "notarial deeds in this case", and each of the notarial deeds in this case was written on August 10, 2007 by adding No. 1 and 2 in accordance with the above order of notarial deeds.

C. Articles 6 and 7 of each of the instant notarial deeds provide for the loss of the benefit of time under each of the instant notarial deeds, and the specific contents are as follows.

Article 6 (Loss of Maturity Interest) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit within the time limit for the obligation of the borrowed money, and shall immediately repay the remainder of the obligation: