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(영문) 창원지방법원진주지원 2016.10.18 2015가단34686

청구이의

Text

1. Of the instant lawsuits, the part demanding the denial of compulsory execution regarding KRW 28,254,080 shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. Nonparty C (formerly known: D) sold multiple recommended insurance products to the Defendant from around 2012 to 2014 as an insurance solicitor of a metlap life insurance company, and purchased clothes, bags, etc. sold from the Defendant to the Defendant on credit at the clothing store operated by the Defendant and traded a part of the price.

B. From the beginning of early 2014, there was a conflict between the Defendant and C with respect to the clothing price that C would have incurred on credit from the Defendant; the amount of damages incurred by the Defendant’s termination of the existing insurance contract and the Defendant’s purchase of the insurance products sold by C; however, in settling the said amount of debt, the Defendant and C drafted a notarized deed stating that the said amount of debt would have a liability of KRW 56,500,000 as the price for the goods on April 17, 2014, and that the said obligation would have been repaid until April 25, 2014.

C. However, on April 28, 2014, the Plaintiff and C again requested a notary public to prepare a notarial deed (hereinafter “instant notarial deed”) with No. 298 of the 2014 deed as follows, and the Plaintiff jointly and severally guaranteed the said notarial deed C’s debt on the said notarial deed.

Article 1 (Cause of Debt) The obligor promised to pay to the obligee the amount of the obligation to be paid to the obligee as the price for the goods (38,000,000 won for the obligation) and accepted the obligation under each of the following provisions:

Article 2 (Period and Method of Performance) Debtors shall pay to creditors in installments each 500,000 won per 25th day of each month from May 2014 to August 2014, and 1,000,000 won per 25th day of each month from September 2014 to August 2017.

Article 3 (Interest) Interest shall be 5% per annum and shall be paid on the 25th of each month.

When a debtor under Article 5 delays the repayment of principal or interest, the principal or interest so delayed.