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(영문) 서울고등법원 2016.04.07 2015나7895
채무부존재확인
Text

1. Upon a claim changed in exchange at the trial, a notary public against the defendant of the plaintiff shall prepare C in 2013.

Reasons

Facts of recognition

The Plaintiff established the Plaintiff’s wife D as the representative director and established E, and operated the automobile maintenance business entity in Ansan City F from August 2003 to August 5, 2012 (hereinafter “instant maintenance business entity”). On March 5, 2012, the Plaintiff entrusted the Defendant, who is the wife of D’s birth, with the operation of the instant maintenance business entity.

On November 11, 2013, the Plaintiff agreed with the Defendant to operate the instant maintenance plant, and again, the Plaintiff drafted the Plaintiff’s obligation performance assurance (hereinafter “instant notarial deed”) with the obligor, the Plaintiff’s son as joint and several surety, and the obligee as the Defendant. In order to ensure the performance of the instant notarial deed, a notary public prepared and issued a promissory deed (hereinafter “instant notarial deed”) with a face value of KRW 150,00,000 at face value as of November 25, 2013, No. 624, No. 30,000, face value of KRW 150,000,00,000 at face value as of November 25, 2013, and the date of payment, November 25, 2013, and November 25, 2015.

The name of the place of business: The debtor of the maintenance plant in this case, the plaintiff of the joint guarantor, and H, the joint guarantor, shall prepare and deliver to the defendant a letter of performance assurance as follows, with the duty to secure the repayment of the obligation.

Article 1 (Amount of Rent) The Plaintiff incurred a large number of liabilities, other than national taxes, incurred during the operation from May 9, 201 to November 6, 2013, due to the nonperformance of finance, and newly operated by the Plaintiff, and transferred and acquired the obligation of additional tax (other than national taxes).

Therefore, I borrowed the total amount of the additional debt and recognize this undertaking.

1) The date of borrowing KRW 20,000 (which may be changed to a part of a set aside amount): November 11, 2013 (the date of reimbursement)

1. The Plaintiff shall complete the payment of national taxes, four insurance premiums (the additional tax payment slip), and four national taxes and four insurance premiums, which may be incurred simultaneously with the Defendant’s business closure, from the date of the Defendant’s preparation of this letter of undertaking, within two months including the Defendant’s business closure.

2. I.D.

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