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(영문) 대전지방법원논산지원 2016.01.07 2015가단21106

청구이의

Text

1. A notary public who belongs to the Daejeon District Public Prosecutor's Office against the plaintiff of the defendant, C in February 10, 2015, No. 823.

Reasons

Basic Facts

A. From June 10, 2013 to January 26, 2015, the Plaintiff borrowed interest from the Defendant at a total of KRW 180,084,80 on several occasions by designating 5% per 10 per day. The details are as indicated in the “Defendant Loan Amount” column of the attached Table 1.

B. On February 10, 2015, the public prosecutor C of the Daejeon District Public Prosecutor’s Office commissioned by the Plaintiff, the Defendant, and D shall approve that the Plaintiff’s obligation owed to the Defendant as of February 10, 2015 was KRW 100 million, and the Plaintiff shall repay the said obligation to each of the parties on May 26, 2015, KRW 50 million, and KRW 50 million on June 26, 2015, KRW 25% per annum for the delayed repayment of the said obligation. If the repayment of the said amount is delayed, compulsory execution shall be recognized, and if the Plaintiff’s obligation is not performed, D shall be jointly and severally guaranteed for the maximum amount of the Plaintiff’s obligation as of February 10, 2015, KRW 130 million, and KRW 100 million for the guarantee period of ten years.

(No. 520 of 2015, hereinafter referred to as "notarial deeds of this case")

On June 4, 2015, based on the executory exemplification of the instant notarial deed, the Defendant received a seizure and collection order as to each of the deposit claims against the Plaintiff’s Han Bank and Nonghyup Bank ( Daejeon District Court Decision 2015 Dolsan 1032), and on June 15, 2015, the Defendant received a collection order as to the Plaintiff’s benefit claim against the Plaintiff E Co., Ltd.

Daejeon District Court Branch Decision 2015 Taz. 1090) d.

On the other hand, on January 26, 2015, the Plaintiff and D drafted a loan certificate of KRW 80,000,000 for the Defendant, and on May 26, 2015, the borrower and joint guarantor D.

(hereinafter “this case’s loan certificate”). (hereinafter “this case’s loan certificate”) without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-1 through 5, Eul evidence 4-1, Eul evidence 1-2, Eul evidence 4-1, Eul evidence 4-2, witness evidence 4-1, Eul evidence 4-1, and Eul evidence 4-2, witness witness witness DNA’s testimony and the purport of the whole pleadings, the defendant’s assertion by the parties to the lawsuit is attached to the plaintiff 1.