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(영문) 부산지방법원동부지원 2019.02.13 2018가합1055
대여금
Text

1. The Defendants are jointly and severally liable for 200 million won and 20% per annum from November 6, 2009 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B was sentenced to imprisonment on November 6, 2008 and two years of suspended execution on the grounds of criminal facts, including fraud of KRW 189,183,500 against the Plaintiff.

[The Daejeon District Court 2006 High Court 2006 High Court 1449, 2008 High Court 3694 (Joint)] The above judgment was finalized on November 14, 2008.

B. On November 5, 2008, the Plaintiff and F had a notary public drawn up a money loan contract notarial deeds (hereinafter “notarial deeds of this case”) with the G Law Firm Deed No. 2953 on November 5, 2008.

The Defendants are indicated as the obligor on the notarial deed of this case.

The main contents of the notarial deed of this case are as follows.

On November 5, 2008, Article 1 creditor lent to the debtor the amount of KRW 240 million on November 5, 2008 and the debtor borrowed it.

Article 2 The term of repayment of the borrowed money was set on November 5, 2009.

When the debtor delays the repayment of principal and interest, he/she shall pay to the creditor the delay damages at the rate of 20% per annum.

Article 8. When the debtor and the joint guarantor fail to perform the obligation under this contract, they immediately recognized that there is no objection even if compulsory execution is enforced.

The plaintiff (resident, occupation, resident registration number omitted)'s representative F (resident address, occupation, and resident registration number omitted) who is a joint and several surety of the debtor F (resident address, occupation, and resident registration number omitted)'s representative of the debtor and the above creditor, the debtor's joint and several surety's representative and the debtor's joint and several surety's representative and the joint and several surety's identity certificate presented by the above creditor and the debtor.

The power of representation on commission is recognized by the power of delegation attached to the certificate of personal seal impression of the principal.

[Grounds for recognition] A 1, the purport of the whole pleading

2. The parties' assertion

A. According to the Plaintiff’s notarial deed, the Defendants are obligated to pay to the Plaintiff KRW 240 million and delay damages, and the Plaintiff filed the instant lawsuit for the purpose of interrupting extinctive prescription.

B. Defendants 1, B, and this case.

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