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(영문) 서울중앙지방법원 2017.10.13 2016가합541135

청구이의

Text

1. The defendant's notary public against the plaintiffs in 2013, No. 1106, and 2013, 2013.

Reasons

1. Basic facts

A. The Defendant agreed to lend KRW 200,000,000 to Nonparty D Co., Ltd. (hereinafter “D”) on October 5, 2012 due date for repayment of KRW 100,000 on December 3, 201, and KRW 100,000,000 on December 27, 201 (5%) respectively as the due date for repayment of KRW 200,000,000 on December 27, 2011 (5% per annum) and KRW 200,000 on October 30, 2012.

Pursuant to the above lending Agreement, the Defendant remitted each of the KRW 200,000,000,000 in total on December 6, 2011, and KRW 150,000,000 in total on December 23, 2011, and KRW 50,000,00 in total on December 27, 2011, respectively. < Amended by Act No. 11137, Dec. 27, 2011>

(hereinafter the Defendant’s remittance amount to KRW 400 million (hereinafter “the instant loan”). Meanwhile, Plaintiff B as the representative director of D, jointly and severally guaranteed the instant loan obligation.

B. After that, on November 21, 2013, Plaintiff A Co., Ltd. (hereinafter “A”) and Plaintiff B issued, with respect to the borrowed amount of the instant loan, one promissory note No. 400,000,000 won at face value, and on June 30, 2014, with respect to the said promissory note No. 1106 (hereinafter “notarial deed”) with respect to the said promissory note No. 1106, the said promissory note No. 200,000 won at face value, and the date of payment, the Plaintiff Co., Ltd. (hereinafter “A”) issued one promissory note No. 31, Aug. 31, 2014, with respect to the said Promissory note No. 1107, a notarial deed No. 1107, as to the said Promissory note No. 2013 (hereinafter “notarial deed”).

(hereinafter referred to as "notarial deeds of each of the instant promissory notes" combined with the notarial deeds of Nos. 1106 and 1107). 【No dispute exists on the grounds of recognition, each of the statements in No. 1, 2, and 3, and the purport of the whole pleadings.

2. The plaintiffs asserted that the notarial deeds No. 1106, the face value of which is 400 million won of the borrowed money of this case, and the notarial deeds No. 1107, the interest of which is 200 million won of the borrowed money of this case, were prepared, respectively, and thereafter the plaintiffs and D repay to the defendant 45,500,000 won from May 10, 2012 to May 23, 2016.