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(영문) 의정부지방법원 고양지원 2018.10.12 2018가합70977
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan contract for consumption, No. 401, No. 201, No. 401, No. 201.

Reasons

1. Facts of recognition;

A. On July 15, 2010, No. B prepared a notarial deed of a monetary loan agreement shall lend KRW 2 billion to C, and the Plaintiff jointly and severally guaranteed the obligation of C.

On the same day, the above parties entrusted a notary public with the preparation of a notarial deed of a monetary loan agreement with the following contents in the new era of law firm, and prepared a notarial deed as the No. 401 in 2011 (hereinafter “notarial deed”).

B On July 15, 2010, 200 billion won was lent to C, and C borrowed this.

The repayment period: 1.5 billion won on August 5, 201, 31.3 billion won on August 31, 201, and 200 million won on October 15, 201, respectively.

No interest shall accrue.

When C delays the repayment of the principal or interest, the delayed principal or interest shall be paid to B at the rate of 25% per annum for the delayed principal or interest.

Joint and Several sureties: (1) The surety (Plaintiff) guaranteed the obligation of C under this Agreement and agreed to perform the obligation jointly and severally with C.

(2) The maximum amount of the guaranteed liability is 2.5 billion won.

(3) The term of guarantee obligations shall expire on December 31, 2012.

B. On January 17, 2013, B filed an application for the commencement of compulsory auction by official auction on the land owned by the Plaintiff as D in order to establish a high government district court for the instant notarial deed (hereinafter “instant compulsory auction”) on January 17, 2013, and the registration was completed upon receipt of the decision to commence the auction.

C. On January 29, 2016, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) issued the respective seizure and collection order regarding “1,082,515,255 won out of the claims against B against the Plaintiff, and KRW 1,082,52,515,515,255 out of the claims against B against the Plaintiff, and KRW 1,082,082,515,255 out of the claims against B, and the above order was served on the Plaintiff on February 1, 2016, to C, and to B on March 9, 2016, respectively.

(b)a seizure of gold research; and

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