logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.05.21 2019가합52199
청구이의
Text

1. Certificates prepared by the Defendant’s notary public against the Plaintiffs on April 9, 2009 by DD General Law Offices.

Reasons

1. The creditor of the plaintiff A, the joint and several surety of the creditor, who is the joint and several surety of the creditor, lent the amount of KRW 50 million to the debtor on April 9, 2009, and the debtor borrowed it.

Article 2 (Period and Method of Repayment): The method of repayment on July 9, 2009: Interest on temporary payment shall be paid at the rate of 20% per annum and the nine days per month.

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

Article 6 (Forfeiture of Maturity) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit arising from the time limit for the obligations of the borrowed loan, and immediately repay all of the remainder of the debt, even if there is no notification

3. When the debtor delays the payment of principal and interest, Article 8 (Joint and Several Guarantee) ① The guarantor guaranteed the debtor's obligation under this contract and agreed to jointly and severally with the debtor to perform the obligation.

(2) The maximum amount of the surety debt of the guarantor shall be five hundred million won.

(3) The guarantee period shall be ten years.

On April 9, 2009, the Plaintiffs entered into a notarized deed No. 189, No. 2009 (hereinafter “notarial deed of this case”) between the Defendant and a notary public with the following content:

B. Based on the instant notarial deed, the Defendant applied for a seizure and collection order against Plaintiff A on June 25, 2019 to the Changwon District Court on July 9, 2019; and (2) on June 25, 2019, filed a request against Plaintiff B for a seizure and collection order against Plaintiff B, and received the relevant order on July 4, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts in this court, purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1 is the notarial deed of this case, which is the relationship between the Plaintiff B and the bad credit holder.

arrow