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(영문) 광주지방법원 2020.01.10 2019가단517898
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago5100, June 2019

Reasons

1. On September 21, 2016, Article 1 (Purpose) of the Basic Facts, the obligee leased KRW 3 million to the obligor and the obligor borrowed it.

Article 2 (Period and Method of Repayment) Temporary Repayment shall be made until October 21, 2016.

Article 3 (Interest) Interest shall be paid an amount equivalent to 25% per annum on the 21st of each month.

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

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 25% per annum on the delayed principal or interest.

Section 8 (Joint Guarantee) of 6 and Article 7 omitted. ① The surety 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's guarantee liability shall be five million won.

(3) The guarantee period shall be until September 21, 2026.

Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been effected.

On September 21, 2016 between the Plaintiff, the Defendant, D, the obligor, the Plaintiff as joint and several sureties, and E as the agent of the obligor and joint and several sureties, a notary public signed a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the following content as stated in C/C No. 593 on September 21, 2016 between the Plaintiff, the Defendant and the Defendant, and the D, as the agent of the obligor and the joint and several sureties.

B. On January 3, 2019, the Defendant, based on the instant notarial deed as F of this Court, received a compulsory decision to commence compulsory auction as to Gwangju-gu G and H. owned by the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion E forges a power of attorney using the Plaintiff’s certificate of seal impression and prepares the instant notarial deed with the Plaintiff’s certificate of seal impression attached.

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