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(영문) 부산지방법원동부지원 2016.08.31 2016가단5681

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of D, and the Defendant served in the electric wholesale and retail business place of the trade name “E” operated by D from June 2014.

The "E" has completed business registration in the name of F, the mother of D.

B. On June 23, 2014, the Defendant lent KRW 100,000,00 to D.

(hereinafter “instant loan”). C.

The Defendant drafted a notarial deed with D on March 12, 2015, stating that “The Defendant shall lend KRW 100,000,000 to D on June 23, 2015, interest rate of KRW 6% per annum, and delay damages rate of KRW 20% per annum between D and D on the instant loan claims.”

D above D. D.

The non-performance of the obligation under the notarial deed mentioned in the subsection has not been made.

E. Meanwhile, on August 4, 2015, the Plaintiff, etc. and the Defendant: (a) confirmed that “D bears the instant loan obligation against the Defendant on August 1, 2015; (b) determined that D shall repay the Defendant at an annual interest rate of 6%, annual interest rate of 20% per annum, and interest rate of 20% per annum, and by September 4, 2015; (c) the Plaintiff shall guarantee the Defendant the obligation under the said contract to the maximum amount of KRW 100,000,000; (d) agreed to perform the said obligation jointly and severally with D; and (e) if the Plaintiff, etc. fail to perform it, it shall be confirmed that there is no objection immediately after compulsory execution.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was issued by the plaintiff and D (hereinafter "the plaintiff et al.") a power of attorney to prepare a notarial deed for the extension of the maturity date, and the plaintiff et al. stolen a certificate of personal seal impression and prepares a false notarial deed on behalf of the plaintiff et al.

Plaintiff

For the extension of the due date, etc.