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(영문) 서울중앙지방법원 2016.11.25 2016가단30959
청구이의
Text

1. The Defendant’s original copy of a notarial deed with the executory power of No. 149, 2015 against the Plaintiff is based on law firm as to the Plaintiff.

Reasons

1. Basic facts

A. On April 14, 2015, the Defendant: (a) made the Plaintiff’s transaction with the Plaintiff on April 14, 2015 regarding the obligation for the payment of goods; (b) made an authentic deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”); and (c) made the Plaintiff’s obligation stated in the instant authentic deed as a joint and several surety with the obligee, Defendant, and B as the obligor’s agent; and (d) written the authentic deed of this case with the following content as a joint and several surety (hereinafter “

Article 1 (Purpose) The creditor lent the amount of KRW 60,000,000 to the debtor on April 14, 2015, and the debtor borrowed it.

Article 2 (Period and Method of Repayment) The due date for repayment shall be 20,000,000 won each month from April 30, 2015 to June 30, 2015.

Article 5 (Compensation for Delay) If the obligor delays the repayment of principal or interest, the damages for delay calculated by the rate of 20% per annum on the delayed principal or interest shall be paid to the obligee.

When an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the obligations of the borrowed amount and immediately repay all the remainder of the debt, even if no other notification or peremptory notice is given by the obligee:

3. When the debtor delays the payment of the installment, when the debtor and the joint and several sureties have failed to perform the monetary obligation under this contract, the court acknowledged and admitted that there was no objection even if the execution of the branch was made immediately.

B. For the repayment of the instant debt, the Plaintiff respectively remitted KRW 15,00,000 to the Defendant on May 4, 2015, and KRW 5,000,000 on May 7, 2015, and KRW 20,000,000 on June 15, 2015, and KRW 20,000 on July 14, 2015.

C. On February 22, 2016, the Defendant: (a) based on the notarial deed of this case, against KRW 35,000,000 of the Plaintiff’s claim for construction payment against the Matib Co., Ltd.; and (b) 34,665,753 of the deposit claims against the new bank, the Seoul Central District Court shall order the seizure and collection of the claim.

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