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(영문) 전주지방법원 2021.03.25 2020나8640
이자금
Text

The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be amended as follows:

The defendants are the defendants.

Reasons

1. Facts of recognition;

A. On December 4, 2014, the Plaintiff and the Defendants drafted a contract performance certificate (a quasi-consumption lending) with the following terms and conditions (hereinafter “instant contract performance certificate”).

On December 4, 2014, Article 1 (Defendant B) recognized that the obligation owed to the creditor (Plaintiff B) is KRW 260,000,000,000, and offered to the creditor to pay the unpaid obligation pursuant to the following provisions.

Article 2 (Period and Method of Repayment) The full repayment shall be made by January 3, 2015.

(Interest) (No Notice) If a person liable for an obligation under Article 4 (No Notice) ( omitted)(5) delays in paying the above amount, the amount of damages for delay shall be paid to the creditor at a rate of 1% per annum (no record) against the delayed amount.

Article 6 (Loss of Benefit of Time) (Omission) Article 7 (Loss of Benefit of Time) (Omission) Article 8 (Joint and Several sureties Co., Ltd.) Article 8 (Joint and Several sureties Co., Ltd.) has agreed to guarantee the debtor's obligation under this contract and to discharge the debtor's obligation jointly with the debtor.

The maximum amount of the surety's debt is 260,000,000 won.

The term of guarantee obligations shall be until January 3, 2015.

Article 9 (Failure of Compulsory Execution)

B. On April 7, 2015, the Defendants filed a lawsuit of demurrering a motion for compulsory collection based on the instant fair deed. On April 18, 2019, the appellate court of the instant case recognized an offset of KRW 1,401,960, which is the appellate court of the Gwangju High Court, by Defendant C, etc., and sentenced a judgment to deny compulsory execution only for the portion exceeding KRW 258,598,040, which remains after deducting the amount from the principal amount of KRW 260,000,000, which is the remainder after deducting it from the principal amount of KRW 260,40,000 (the first instance court: the Jeonju District Court 2015 combined 225,205,000: the second instance court of Gwangju High Court 2018Na1031) around that time (hereinafter “instant motion”).

In other words, on June 24, 2019, the Defendants filed a lawsuit of demurrer seeking the denial of forced execution based on the instant fair deed, and the said case.

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