beta
Text
1. A deed prepared on January 8, 2007 by a notary public C office belonging to the defendant's office of Cheongju District Public Prosecutor's Office against the plaintiff.
Reasons
1. Basic facts
A. 1) On December 29, 2006, D Co., Ltd. (hereinafter “D”) borrowed KRW 660,000,000 as a general loan under the pretext of general loan to E Co., Ltd. (hereinafter “E”) on March 29, 2006 by setting the maturity of KRW 660,000 as an annual interest rate of KRW 13.9%, and the delayed damages rate of KRW 20% per annum (hereinafter “instant loan”). The Plaintiff, a director with the power of representation of E, as a joint and several liability of KRW 858,00,000,000 for the instant loan to D on the same day.
2) On January 8, 2007, creditors D, debtors E, and joint and several guarantors approved D with respect to the obligation of the instant loan amounting to KRW 660,00,000,00 which is to be borne by E under the above credit transaction agreement and collateral guarantee agreement, and the obligation of the instant loan was due and payable at the rate of 13.9% per annum on March 29, 2007; the date of payment of interest; the 29% per month on the date of settlement of the bank; or the settlement date of the bank; and the Plaintiff entered into a contract with respect to the instant contract at the rate of 20% per annum on repayment (or quasi-consumption lending) with the content of joint and several debt guarantee (hereinafter “the instant contract”); and C’s office affiliated with the Cheongju District District Public Prosecutor’s Office entrusted the Plaintiff with the preparation of a fair deed on January 8, 2007; and C’s office did not receive a fair execution from D even if the Plaintiff failed to perform the obligation under the instant contract.
3) Details on the loss of benefit under the instant contract are as follows.
When a person who has an obligation under Article 6 falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of the time limit for the obligation and immediately repay all of the remainder of the obligation, even if there is no other notification or peremptory notice from the obligor:
1. When an application for the commencement of bankruptcy, composition, or corporate liquidation proceedings has been made to the debtor;
2. The debtor shall be from a transaction bank;