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(영문) 광주지방법원 2019.06.28 2018나54209
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

A notary public against the plaintiffs by the defendant is a law firm D on February 2017.

Reasons

1. Basic facts

A. On November 24, 2016, E entered into a lease agreement with P on November 24, 2016, and Seo-gu, Seo-gu, P and Seo-gu, with a lease deposit of KRW 50 million and KRW 700,000 per month of rent (excluding value-added tax). On December 6, 2016, E completed its business registration with the trade name “I” as “I”.

B. The Defendant decided to lend KRW 40 million to E, and the Plaintiffs prepared a monetary loan certificate (No. 2 and hereinafter “the instant loan certificate”) with the content that the Plaintiffs jointly and severally guaranteed the above loan obligation against the Defendant of E, and the main contents are as follows.

The overdue interest: 25% principal shall be paid in installments in 13 installments per annum, 3 million won per annum, and 14 months per annum.

If a installment payment is made once in arrears, or when the transaction of alcoholic beverages is changed to a person other than the defendant, the benefit of time shall be lost, and the whole debt shall be repaid in lump sum without the defendant's request.

In the event that the outstanding amount of the liquor proceeds is incurred while the debts remain, the debtor and joint guarantor shall be appropriated in preference to the repayment of the outstanding amount of the liquor proceeds.

(hereinafter “Agreement on Appropriation of Performance”). The date of the contract: December 22, 2016.

On December 23, 2016, the Defendant remitted KRW 20 million, a part of the loan on the instant loan certificate, to a L Bank account (M) under the name of E.

Meanwhile, from the same date to April 18, 2017, the Defendant supplied alcoholic beverages to E I in the name of E.

J Union (hereinafter referred to as the “J”) provided a loan to E on January 6, 2017, with the payment of the principal and interest of KRW 20 million by March 6, 2018.

In accordance with the Work Convention concluded with the J, the defendant guaranteed the obligation of the above loans to the J, and on October 13, 2017, the defendant repaid the debt of the E to the J 5,989,716.

E. On December 23, 2016, the Defendant lent KRW 40 million to E, and the Plaintiffs’ proof A of No. 1 of the No. notarial deed of money loan agreement with the content of joint and several guarantee of the above loan obligation against the Defendant E.

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