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(영문) 서울서부지방법원 2018.06.21 2017가합38228
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On March 5, 2014, the Plaintiffs and the Defendant drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with a notary public No. 77 of the document No. 2014, written as follows.

The obligee of Article 1 (Defendant) lent KRW 500 million to the obligor (Plaintiff A) on March 4, 2014, and borrowed it from the obligor. Article 2 of the Debtor Act provides that the obligee shall pay to the obligee the amount of KRW 100 million on August 31, 2014, KRW 100 million on December 28, 2014, KRW 100 million on June 3, 2015, KRW 200 million on June 3, 2015, and KRW 200 million on December 28, 2015. There is no interest under Article 3. When the obligor of Article 5 delays the repayment of the principal, the obligee of Article 8 (Plaintiff B) agreed to guarantee the obligor’s obligation under this Agreement and jointly with the obligor to discharge the obligation. The obligee of Article 9 agreed that there is no ground to recognize the compulsory execution immediately, even if the obligee did not perform the obligation under this Agreement, No. 5 of the entire set forth therein.

2. Summary of the plaintiffs' assertion

A. From 2003, Plaintiff A, while gambling from around 2003, borrowed money from E for gambling purposes.

On October 2006, E was able to borrow money from the defendant, and the plaintiff A made a total of KRW 300 million loan to the defendant on two occasions, but the plaintiff A did not receive money from the defendant.

Nevertheless, in order to cancel the above right to collateral security, the plaintiff A paid part of the money to the defendant, and the defendant, as if he borrowed KRW 600 million, was unable to cancel the right to collateral security without being notarized, only the document of this case was prepared.

As above, the Plaintiffs enter into a monetary loan agreement and joint and several surety agreement entered into with the Defendant on the said notarial deed or from the Defendant.

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