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1. Certificate No. 648, 2013, drawn up by the Defendant’s notary public against the Plaintiff on May 15, 2013.
Reasons
1. Basic facts
A. On May 15, 2013, a notary public drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. 648, 2013, as follows, at the commission of the defendant, the debtor, the joint and several sureties (the plaintiff, the joint and several sureties) representative D Co., Ltd. (the representative E; hereinafter “foreign Co., Ltd.”), and E, the joint and several sureties Co., Ltd.:
The creditor of Article 1 (Purpose) lent to the debtor of 355,824,355 won on May 15, 2003, and the debtor borrowed it.
Article 2 (Period and Method of Performance) 30,000,000 won as of the last day of each month from June 30, 2013 to March 31, 2014, each payment shall be made over 11 times in total, including the 55,824,35 won on April 30, 2014.
When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 30% per annum on the delayed principal or interest.
When an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the obligations of the borrowed amount and immediately repay all of the remainder of the debt, even if no other notification or peremptory notice is given by the obligee:
3. Article 8 (Joint Guarantee) if the debtor delays the payment of the installment at any time;
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’s guarantee liability is KRW 450,000.
3. The term of guarantee obligation shall be ten years.
Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.
B. Based on the original copy of the instant authentic deed, the Defendant applied for a compulsory auction of real estate and machinery and instruments owned by the Nonparty Company C, and the Plaintiff to F, and this Court rendered a decision to commence compulsory auction on March 12, 2014.