logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.10.15 2019가합53955
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm C, 2008 No. 1304, Dec. 8, 2008.

Reasons

Basic Facts

The Plaintiff is a person who operates D Co., Ltd. (hereinafter referred to as “D”) deemed dissolved on December 2, 2013, and the Defendant is a person who operates the automobile maintenance business in the trade name of “E.”

The Plaintiff borrowed KRW 300,000,000 from the Defendant to use as D’s business funds when D was liable for the payment of a promissory note amounting to KRW 193,000,000 in total to the Defendant. On December 8, 2008, the Plaintiff received KRW 100,000,000 from the Defendant, and thereafter was additionally paid KRW 200,000,000.

On December 8, 2008, the Plaintiff, the Defendant, and the Plaintiff’s spouse F determined the amount to be returned to the Defendant by the Plaintiff as KRW 500,00,000, and the F agreed to guarantee the Plaintiff’s obligation, and the notary public entrusted C with the preparation of a notarial deed on a monetary loan agreement to the law firm C, and the said law firm as of December 8, 2008, as of December 8, 2008, entered into a notarial deed on a monetary loan agreement with the following contents (hereinafter “instant notarial deed”).

Article 1 (Purpose) of the Notarial Deed of this case (Purpose) of the Defendant lent KRW 500,000,000 to the Plaintiff on December 8, 2008, and the Plaintiff borrowed this.

Article 2 (Period and Method of Performance) The payment shall be determined by December 2, 201.

Article 6 (Loss of Maturity) If the plaintiff falls under any of the following subparagraphs, he shall, as a matter of course, lose the benefit of time for the obligations of the above borrowed money, and shall repay all of the obligations immediately without any notification or peremptory notice otherwise from the defendant:

1. When there was an application for bankruptcy, commencement of composition or company reorganization procedure against the plaintiff, Article 8 (Joint Guarantee) ① The guarantor guaranteed the plaintiff's obligation under this contract, and agreed to perform the obligation jointly with the plaintiff.

(2) The maximum amount of the surety's guarantee liability is 500,000 won.

Article 9 (Recognition of Compulsory Execution) When the plaintiff and the joint guarantor fail to perform the pecuniary obligation under this Agreement, a compulsory execution shall be conducted immediately.

arrow