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(영문) 대전고등법원(청주) 2020.10.13 2019나3012 (1)
청구이의
Text

1. Of the judgment of the first instance, the part against the Plaintiff, including the Plaintiff’s claim added and expanded by this court.

Reasons

Basic Facts

A. The status and relationship 1) The Plaintiff and the joint Plaintiff A (Death on August 14, 2019, hereinafter “the deceased”) of the first instance trial.

(2) As a person in a de facto marital relationship, the Plaintiff and the Deceased have been engaged in a service business, such as the management of a door-to-door sales agency from around 2007, and from January 15, 2016, the Plaintiff and the Deceased have been engaged in lending transactions, such as lending necessary funds, from time to time after becoming aware of the Defendant around 2013.

B. On May 31, 2016, the Plaintiff and the Deceased entered into a monetary loan contract with the Defendant with KRW 120,000,000 of the leased principal, interest rate of KRW 15% per annum on May 25, 2017, the obligee, the Defendant, the primary debtor, the Plaintiff, and the Deceased (the maximum amount of KRW 120,00,000, guarantee period of KRW 10,000, guarantee period of KRW 10, guarantee period of KRW 10, guarantee period of each of the instant deeds). The Plaintiff and the Deceased had been notarized by the Defendant as the document No. 323 of 2016 (hereinafter “notarial deed No. 1”).

(2) On August 7, 2018, the Plaintiff and the Deceased entered into a monetary loan agreement with the Defendant, G, and the leased principal amounting to KRW 500,00,000, the due date of reimbursement on August 5, 2020, the delayed payment rate of KRW 15% per annum, the creditor and G, the deceased, the principal debtor, and the Plaintiff, the joint and several surety (the maximum amount of KRW 650,00,000, the guarantee period of KRW 650,000, and August 5, 202), and the Defendant and G were notarized under the deed E 793 of 2018.

(hereinafter referred to as “notarial deeds No. 2”) C.

1) On December 19, 2018, the Defendant: (a) on December 19, 2018, registered the title of the notarial deed No. 1 in the name of the deceased as the title of title; and (b) on December 19, 2018, the name of the business operator of the F, the deceased was registered as the deceased; and (c) it appears that corporeal movables were seized in the said business establishment. As to the business facilities and fixtures, corporeal movables were sold in KRW 38,864,114 on April 24, 2019; and (d) at the time, Cheongju District Court JJ (I) was double seized as the creditor of the Cheongju District Court.

Enforcement Officers shall:

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