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(영문) 광주지방법원 2017.09.05 2016가단530333
청구이의
Text

1. The defendant's notary public against the plaintiffs is based on notarial deeds No. 453, 2016, signed by law firm.

Reasons

1. On June 7, 2016, D Co., Ltd. (hereinafter “Nonindicted Company”) drafted and issued to the Defendant a notarized deed of a monetary loan agreement (hereinafter “notarial deed of this case”) No. 453 of 2016, a document prepared by a law firm stating that “The Nonparty Company borrowed KRW 200 million from the Defendant on June 7, 2016 by the due date for repayment of KRW 7, 2016,” that the Plaintiffs are jointly and severally and severally guaranteed each amount of guarantee amount of KRW 200 million.”

[Reasons for Recognition] Gap evidence No. 2

2. The parties' assertion

A. On June 8, 2016, the Defendant lent KRW 150 million to the non-party company as of September 7, 2016, and agreed to receive KRW 200 million by adding interest at the maturity date. The non-party company entered into an agreement with the non-party company to receive KRW 150 million. 2) The non-party company entered into and delivered the instant notarial deed, which agreed to pay KRW 200 million under the plaintiffs' joint and several sureties, to the Defendant as a security for the loan obligation of KRW 150 million. The non-party company entered into the instant notarial deed, which entered into an agreement to pay KRW 200 million under the plaintiffs' joint and several sureties, with the maximum debt amount of KRW 100 million,000,000,000,

3) However, when the non-party company fails to complete the purchase of the factory site, which is the purpose of borrowing the above KRW 150 million, before the maturity date for the above loan arrives, the non-party company demanded reimbursement. Accordingly, on June 30, 2016, the non-party company requested the defendant to lend the above KRW 150 million again to the defendant around July 2016, and requested the non-party company to lend the money once again to the defendant around July 2016, and without fixing the maturity date for the loan and interest of KRW 150 million.

5 The Defendant had already set up a right to collateral security of KRW 100 million with respect to real estate owned by E around June 7, 2016, and on the above 15.

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