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(영문) 인천지방법원 2017.10.17 2015가단61315
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement, No. 1012, No. 1012, 2012.

Reasons

1. Basic facts

A. The Plaintiff filed a marriage report on May 25, 2010 when living in a de facto marital relationship with Nonparty C in around 2005. However, on December 30, 2015, the Plaintiff filed a divorce lawsuit with Nonparty C on December 30, 2015, and was sentenced to a judgment of divorce from the Incheon Family Court on June 22, 2017 due to the divorce 2015ddan1864 (principal lawsuit) and the divorce 2017ddan575 (Counterclaim) (Counterclaim). The said judgment became final and conclusive around that time.

B. C borrowed money from the Defendant who is engaged in credit business from February 2008 on several occasions.

C. C is the Plaintiff’s agent and the obligor as a joint and several surety, and Nonparty D is the joint and several surety. On September 20, 2012, the Defendant, as a creditor, entrusted a notary public to prepare a notarial deed under a monetary loan agreement with a law firm Jung-dong, as a notary public on September 20, 2012, and on the same day, a notarial deed with the following contents (hereinafter “the notarial deed”).

Article 1 (Purpose) The Defendant lent KRW 29,00,000 to C on September 20, 2012, and C borrowed this.

Article 2 (Period and Method of Repayment) C shall be repaid in full at once until May 30, 2013.

Article 3 (Interest) Interest shall be paid from September 30, 2012 to the end of each month from September 30, 2012 to the end of each month.

When Article 5 (Compensation for Delay) C delays the repayment of principal or interest, the late payment damages shall be paid to the defendant at the rate of 39% per annum for the delayed principal or interest.

Article 8 (Joint Guarantee) The Plaintiff and D agree to guarantee obligations under this Agreement and to discharge their obligations jointly and severally with C.

The maximum amount of the guaranteed liability is KRW 29,000,000.

The term of guarantee obligation shall be ten years.

Article 9 (Recognition and Recognition of Compulsory Execution) C, the plaintiff and D, when they fail to perform their monetary obligations under this contract, shall be admitted that there is no objection even if they are subject to compulsory execution.

C is a joint and several surety, the plaintiff, D, and E's agent and the defendant is a creditor and a notary public is a law firm on March 14, 2013.

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