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(영문) 부산지방법원 2017.02.15 2015가합49487

청구이의

Text

1. The defendant's notary public against the plaintiffs is a law firm No. 14 of January 4, 2007, No. 14 of 2007.

Reasons

1. Basic facts

A. Plaintiff A and Defendant’s D Co., Ltd. (hereinafter “D”)’s partnership relationship between Plaintiff A and the Defendant, and Plaintiff A and Defendant, as the partnership business, on November 22, 2001, respectively. (hereinafter “E”).

F Co., Ltd. (hereinafter “F”) is established and operated on August 13, 2003.

G Co., Ltd. (hereinafter “G”) on January 21, 2005

B) On February 2, 2005, H Co., Ltd. (hereinafter “H”)

(1) A corporation I (hereinafter “I”) on August 1, 2005.

(2) Meanwhile, the Plaintiff established and operated D on April 24, 2006, separate from the partnership with the Defendant.

B. 1) On January 4, 2007, the Plaintiffs: (a) borrowed 1 billion won from the Defendant on January 4, 201 and 20% per annum under the joint and several surety of Plaintiff B Co., Ltd. (hereinafter “Plaintiff A”) on January 4, 2007 by a notary public to the Defendant on January 4, 2007, under the joint and several surety of Plaintiff B Co., Ltd. (hereinafter “B”); and (b) borrowed 1 billion won from the Defendant on January 4, 2010 at the interest rate of 20% per annum; and (c) in the event that the Plaintiffs fail to perform the above obligation, the Plaintiffs are aware that there is no objection even if they are immediately subject to compulsory execution.”

A) On the other hand, a statement of performance that “Plaintiff A shall pay to the Defendant the amount agreed on on the instant No. 12,00 shares and 30,00 shares of E under the joint and several guarantee of Plaintiff B, and shall transfer 12,00 shares and 30,00 shares of D shares to the Defendant under the joint and several guarantee of Plaintiff B, and shall vest operating income and dividend income for 30,00 shares of the above D shares in E, and if Plaintiff A fails to perform the above obligation, it shall pay to the Defendant the amount agreed on on the instant No. notarial deed as penalty (hereinafter “instant performance statement”).

(2) The Plaintiff acquired certification as to E shares 9,150 shares and 30,00 shares (J name) to the Defendant, and the K designated by the Defendant’s 2,250 shares.

C. The plaintiff A and the defendant