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(영문) 부산지방법원서부지원 2020.06.18 2018가합102862
청구이의
Text

1. The defendant's notary public belonging to the Busan District Prosecutors' Office against the plaintiff in December 13, 2016, prepared on December 13, 2016.

Reasons

1. Facts of recognition;

A. A medical corporation established on September 2, 2015 (hereinafter “A”) is a corporation that establishes and operates E/C convalescents, which is a medical institution, and the Defendant is a company that engages in collecting and transporting infectious wastes.

B. On December 13, 2016, a notary public who belongs to the Djoint Law Office shall, at the request of A, the defendant, and F, a joint and several surety A, prepare a notarial deed of an executory performance contract (hereinafter “instant notarial deed”). On July 2, 2018, a notary public, a successor to the D Joint Law Office, drafted an executory performance contract (hereinafter “instant notarial deed”).

A debtor (A) of Article 1 of the No. 1967 of the No. 1967 No. 1967 No. 1, Dec. 9, 2016 is the debt borrowed from the creditor (defendant) on December 9, 2016. Article 2 (Time-Limit and Method of Performance) The debtor shall pay the debt to the creditor on December 20, 2016.

Article 3 (Interest) Interest shall be paid at the rate of 4.5% per annum on the 20th day of each month.

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 4.5% per annum to the delayed amount.

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 obligation of the surety is KRW 1,350,000.

3. The guarantee period shall be ten years;

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.

C. On July 16, 2018, rehabilitation procedures began with Busan District Court 2018 Ma1013 against A, and the rehabilitation court determined the rehabilitation claim inspection period as of September 17, 2018 and appointed the Plaintiff as the manager.

The defendant is within the reporting period of rehabilitation claims in the above rehabilitation procedures.

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