(영문) 창원지방법원진주지원 2013.09.04 2012가합4230

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(영문) 창원지방법원진주지원 2013.09.04 2012가합4230

청구이의

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1. The defendant's notary public against the plaintiffs is a notarial deed with the executive force of No. 342 of 2008.

Reasons

1. Basic facts

A. By March 26, 2008, while the Plaintiff A operated Han-do Retail Store E, the Plaintiff Company supplied the Han-do Group of KRW 110 million in the amount of KRW 10,000,000 from G, which is the supply company of the Han-do Unit of Supply operated under the Defendant’s name.

B. On March 26, 2008, the Plaintiff and the Defendant drafted a notarial deed No. 342 of 2008, stating that the Plaintiff would pay KRW 160 million to the Defendant in order to secure the above goods payment obligation against the Defendant of Plaintiff A (hereinafter “notarial deed of this case”). Plaintiff B and C signed and sealed as the joint guarantor of Plaintiff A, and the main contents of the notarial deed are as follows.

The plaintiffs shall pay 500,000 won as of the end of each month from August 2008 to March 2011.

If the plaintiffs delay the payment of principal, the benefit of the plaintiffs' obligation to the defendant shall be lost, and the plaintiffs shall immediately pay the remainder to the defendant.

If the plaintiffs delay the payment of principal, the plaintiffs shall pay damages for delay calculated at the rate of 20% per annum on the principal delayed to the defendant.

C. Plaintiff A agreed with the Defendant to be supplied with an additional KRW 50 million from the Defendant, and prepared the instant notarial deed with the purport that the Defendant would repay a larger amount of KRW 160 million than the actual debt. Since the preparation of the notarial deed, the Defendant did not supply the Plaintiff’s Han-chul, the Plaintiff A demanded the Defendant to prepare a written statement to the effect that the actual debt guaranteed by the notarial deed of this case is KRW 110 million, and the F prepared a written statement to the effect that the actual debt guaranteed by the notarial deed of this case is KRW 10 million, and issued it to the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (Evidence 1, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1 G.

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