채무부존재확인
1. The part concerning the claim for the confirmation of the existence of the obligation for delay damages in the lawsuit of this case shall be dismissed.
2. The plaintiff.
1. Basic facts
A. On June 22, 2009, D Co., Ltd. (hereinafter “D”) jointly received “F Corporation” ordered by E Corporation from the Defendant, and D Co., Ltd. entered into an agreement with the Defendant to pay to the Defendant money according to the agreed ratio among the construction cost paid by E Corporation.
D The construction cost to be paid by D to the Defendant under the above agreement (hereinafter “construction cost of this case”) was settled as KRW 1,097,166,692, and the construction cost of this case remains in KRW 656,817,264 upon repayment of part of D.
B. On May 3, 2011, the Plaintiff, the Defendant, etc. drafted a notarial deed of a monetary loan agreement with the purpose of KRW 658,000,000,000 as follows, as a notary public, with respect to the construction price of the instant case, as to May 3, 201, as follows: (a) the notarial deed of a money loan agreement with the intent of KRW 658,00,000 (hereinafter “instant notarial deed”; and (b) the instant loan or loan money based on the notarial deed
On May 3, 2011, Article 1 (Purpose) of the Notarial Deed of a Money Loan Loan Agreement (Purpose) the Defendant lent the money to D on May 3, 201, and D borrowed it.
Article 2 (Period and Method of Performance) Repayment shall be made until May 4, 2011.
Article 3 (Interest) No interest shall accrue.
Article 5 (Compensation for Delay) If D delays the repayment of principal or interest, the late payment damages shall be paid at the rate of 20% per annum for the delayed principal or interest.
Article 8 (Joint Guarantee)
1. The guarantor (Plaintiff and its representative G, H and its representative director I) guaranteed the D’s obligation under this Agreement and agreed to discharge the obligation jointly and severally with D.
2. The maximum amount of the surety’s guarantee obligation is the gold Suppression O20,000 won.
Article 9 (Recognition and Recognition of Compulsory Execution) D and joint guarantor, when they fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if they are subject to compulsory execution.
(c) D shall be the Defendant.