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(영문) 창원지방법원 2020.10.15 2019가합53801
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm C, 2008 No. 1304, Dec. 8, 2008.

Reasons

Basic Facts

The plaintiff's spouse D is a person who operates E Co., Ltd. (hereinafter referred to as "E") deemed dissolved on December 2, 2013, and the defendant is a person who operates the automobile maintenance business under the trade name of F.

D would borrow KRW 300,000,000 from the Defendant to use for E’s business purposes under the condition that E was liable for the payment of the promissory note amounting to KRW 193,000,000 in total to the Defendant. On December 8, 2008, the Defendant received KRW 100,000,000 from the Defendant, and then was additionally paid KRW 200,000,000.

On December 8, 2008, the Plaintiff and the Defendant determined the amount to be returned to the Defendant as KRW 500,000,000, and agreed that the Plaintiff jointly and severally guaranteed the obligation of D, and thus a notary public entrusted the law firm C with the preparation of a notarial deed of a monetary loan agreement, and the said law firm as of December 8, 2008, as of December 8, 2008, entered into a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the following contents as of December 1304.

Article 1 (Purpose) of the Notarial Deed of this case (Purpose) of the Defendant lent KRW 500,000,000 to D on December 8, 2008, and D borrowed this.

Article 2 (Period and Method of Performance) The payment shall be determined by December 2, 201.

Article 6 (Loss of Due Date)D, if it falls under any of the following subparagraphs, shall, as a matter of course, lose the benefit within the time limit for the obligation of the borrowed money, and shall repay the full amount of the obligation immediately, even without any notification or demand otherwise from the defendant

1. When there was an application for bankruptcy, commencement of composition, or commencement of company reorganization procedure against D, Article 8 (Joint Guarantee) ① The Plaintiff guaranteed D’s debt under this contract and agreed to discharge D’s debt jointly and severally with D.

② The maximum amount of the Plaintiff’s guaranteed liability is KRW 500,000.

Article 9 (Recognition and Recognition of Compulsory Execution)D and when the plaintiff fails to perform a pecuniary obligation under this contract, the plaintiff immediately recognized that there is no objection even if compulsory execution has been conducted.

The defendant on June 2019.

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