(영문) 대전지방법원 홍성지원 2018.04.04 2017가단3970

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(영문) 대전지방법원 홍성지원 2018.04.04 2017가단3970

청구이의

Text

1. Compulsory execution based on the No. 467 of the deed No. 467 against the defendant's plaintiff was 65,035.

Reasons

1. Basic facts

A. On November 9, 2015, the Plaintiff: (a) as a joint and several surety between the Defendant and C, No. 467 of the deed of notary public’s B office, the amount of debt to C to the Defendant is KRW 84 million; and (b) drafted a notarial deed stating the purport of recognizing compulsory execution pursuant thereto (hereinafter “notarial deed”); and (c) drafted the debt incurred therefrom (hereinafter “the debt of this case”).

Article 1 (Purpose) The Defendant lent Dolman (Won 70,000,00) to C on October 16, 2015, and C borrowed this.

Article 2 (Period and Method of Repayment) The payment rate of KRW 3,500,000 shall be 20 each time from November 16, 2015 to June 16, 2017.

When Article 5 (Compensation for Delay) C delays the repayment of principal or interest, it shall pay damages for delay at the rate of 25% per annum for the delayed principal or interest.

Article 6 (Loss of Due Date) C shall, when it falls under any of the following subparagraphs, naturally lose the benefit of time for the obligations of the borrowed money, and immediately repay all the remainder of the debt, even if there is no other notification or peremptory notice from the defendant:

3. When C delays the payment of the above installment, even once, Article 8 (Joint Guarantee).

1. The Plaintiff agreed to guarantee C’s obligations under this Agreement and to jointly and severally perform C’s obligations.

2. The maximum amount of the Plaintiff’s guaranteed liability is KRW 84,00,000.

3. The term of guarantee obligation shall be ten years;

Article 9 (Recognition of Compulsory Execution) C and when the plaintiff has failed to perform a pecuniary obligation under this contract, it recognized the absence of objection immediately after compulsory execution.

B. Of the contents of the instant notarial deed, the issues of the instant case are as follows.

[Reasons for Recognition] Facts without dispute, entry of Eul evidence No. 1, entry of the whole pleadings

2. The plaintiff asserts that all of the loan obligations of this case were extinguished by the repayment, and the defendant is part of the claim.

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