(영문) 광주지방법원 2014.11.28 2014나44 | 리걸엔진

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(영문) 광주지방법원 2014.11.28 2014나44

청구이의

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff filed a lawsuit of demurrer and a lawsuit of demurrer against distribution in the first instance court. After conducting a consolidated trial, the first instance court dismissed the part of the lawsuit of demurrer against distribution, and the part of the claim objection dismissed the Plaintiff’s claim.

As a result, the plaintiff appealed against the part concerning the lawsuit of demurrer among the judgment of the court of first instance, the judgment of this court is limited to the part concerning the lawsuit of objection objection.

2. On June 17, 2004, the obligee leased KRW 97,500,000 to the obligor and the obligor borrowed this.

Article 2 (Period and Method of Repayment) The repayment key shall be the date of December 5, 201.

Article 3 (Interest) Interest shall be paid an amount equivalent to 30% per annum on the date of repayment of principal.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 30% per annum on the delayed principal or interest.

Article 8 (Joint Guarantee)

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

2. The maximum amount of the surety’s guarantee liability is KRW 400,000.

3. The duration of the surety obligation shall be 12 years from the date of borrowing.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.

A creditor indicating related persons: A debtor joint and several sureties: A debtor and joint and several sureties's agent of the plaintiff company: the defendant

A. On December 1, 2011, the Defendant: (a) attached the power of attorney (hereinafter “the instant power of attorney”) affixed the seal impression of the Plaintiff Company and E Co., Ltd. (hereinafter “E”) that are affiliated companies of the Plaintiff Company and E Co., Ltd. (hereinafter “E”); and (b) entrusted a notary public with the preparation of a notarial deed of a monetary loan for consumption contract to the law firm as a proxy of the Plaintiff Company and E.

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