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(영문) 춘천지방법원 강릉지원 2021.01.12 2020가합30845
청구이의
Text

1. Certificates No. 584, 2018, signed by notary public E belonging to the Suwon District Public Prosecutor's Office against the plaintiffs by the defendant, as of September 3, 2018.

Reasons

1. On September 3, 2018, the Plaintiff Company: (a) accepted the Defendant’s obligation to return the unpaid investment amount as of September 3, 2018; and (b) offered to the Defendant to pay the unpaid amount in accordance with the following provisions; and (c) given that the Defendant accepted the obligation:

The repayment method under Article 2 (Period and Method of Repayment) shall be 100,000,000 won until September 20, 2018, 200,000 won until November 28, 2018, and 250,000,000 won until January 15, 2019.

Article 3 (Interest) Interest shall be paid to the creditor for the creditor at the rate of % per annum to the delayed amount when the person liable for the debt under Article 5 (Arrears Damages) delays the repayment of the above amount.

Article 8 (Joint and Several sureties)

1. The surety guaranteed the obligation of the Plaintiff Company under this Agreement, and agreed to perform the obligation jointly and severally with the Plaintiff Company.

2. The maximum amount of the surety’s debt guarantee is KRW 550,000.

Article 9 (Failure of Compulsory Execution) If the plaintiff company and joint and several guarantors fail to perform the monetary obligation under this contract, they immediately failed to object to compulsory execution, even if they are subject to compulsory execution.

A. On September 3, 2018, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) and the Defendant, from around June 13, 2015, prepared a contract process for debt repayment (a quasi-consumption lending and borrowing) with the Defendant, the Plaintiff Co., Ltd., Ltd., and the joint and several guarantors, Plaintiff B, and C (a quasi-consumption and borrowing and lending deed, No. 584, 2018, which belongs to the Suwon District Public Prosecutor’s Office (hereinafter “Fair Deed”), and the main contents are as follows.

B. The Plaintiff Company paid to the Defendant a total of KRW 390,000,000 (i.e., total amount of KRW 20,000,000 on October 19, 2018) based on the instant fair deed, and did not repay the remainder of KRW 160,00,000 on January 17, 2020. The Defendant, based on the instant fair deed on June 18, 2020, issued a claim against the Plaintiff Company F as KRW 1038,00 on October 5, 2019.

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