청구이의
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
Claim:
1. Facts of recognition;
A. On November 6, 2017, a notary public: (a) under Article 230 of the 2017 Document, C lent KRW 500 million to the Plaintiff’s spouse D; and (b) drafted a notarial deed of a monetary loan agreement with the Plaintiff’s joint and several sureties as follows:
(hereinafter “this case’s Notarial Deed,” and the part of which the Plaintiff’s joint and several surety is “this case’s joint and several surety agreement”). Plaintiff 1 (Purpose) who is Defendant D’s joint and several surety, the obligee of the Notarial Deed for Money Loan Agreement, lent KRW 500 million to the obligor on November 6, 2017, and the obligor borrowed it.
Article 2 (Period and Method of Performance) 50 million won by November 13, 2017, 200 million won by May 7, 2018, 200 million won by May 7, 2018, and 130,000 won by installments each month from December 13, 2018 to May 31, 2031.
Article 3 (Interest) No interest shall accrue.
When delay in the repayment of the principal or interest under Article 5 (Arrears Damages), delay damages shall be paid at the rate of 25% per annum on the delayed principal or interest.
Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement, and the debtor and the debtor jointly perform the obligation.
The maximum amount of the surety is KRW 500 million.
The term of guarantee obligations shall be from November 13, 2017 to May 13, 2031.
Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.
B. On December 11, 2017, the Defendant received a seizure and collection order regarding the Plaintiff’s wage claim (excluding minimum cost of living, etc. prescribed by the Enforcement Decree of the Civil Execution Act, etc.) against E Co., Ltd. on the basis of the instant authentic deed (Seoul Central District Court 2017TTT 2017TT 117545), and on December 14, 2017, the above seizure and collection order was served on E Co., Ltd.
C. The defendant is as shown in the attached Form, together with his mother F and Dong G (hereinafter “the defendant, etc.”).