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(영문) 수원지방법원 성남지원 2018.11.20 2018가단4405
채무부존재확인
Text

1. On October 16, 2013 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), a notary public is the mother law firm of October 16, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 15, 2013, the Defendant lent KRW 50,000,00 to C Co., Ltd. (hereinafter “C”) and the Plaintiff jointly and severally guaranteed the said obligation. The notarial deed No. 7866 (hereinafter “No. 786”) was drawn up between the parties as follows.

A notary public of a notarial deed of a monetary loan for consumption shall, at the commission of the parties, prepare this instrument by hearing the purport of the statement concerning the following juristic acts:

Article 1 (Purpose) The creditor lent to the debtor the gold 50,000,000 won on October 15, 2013, and the debtor borrowed it.

Article 2 (Period and Method of Performance) The repayment key shall be April 16, 2014.

Article 3 (Interest) Interest shall be 30% per annum and shall be paid at the 15th day of each month.

Article 4 (Place of Performance) The place of performance of the obligation shall be the domicile of the obligee.

Article 8 (Joint Guarantee)

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

2. The maximum amount of the surety obligation of the surety is 57,500,000 won.

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

The name (title) of the relevant client (debtor), C representative director D related client (joint guarantor), name (title) A related client (joint guarantor) and name (title) creditor (title) B

B. On October 27, 2015, the auction court prepared a distribution schedule with the content of distributing KRW 59,510,663 to the Defendant regarding the claim based on the Notarial Deed in this case at the auction procedure of real estate E in the Chuncheon District Court, the subsequent real estate owned by C.

C. C appeared on the aforementioned date of distribution, and raised an objection against the dividend amount by the Defendant, and thereafter filed a lawsuit of demurrer against distribution (hereinafter “related lawsuit”) with the Chuncheon District Court 2015Kadan8028.

In the above litigation proceedings, on June 21, 2016, between C and the defendant are as follows:

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