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(영문) 부산지방법원 2016.07.13 2015가합5968
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around February 2008, the Defendant and D lent each KRW 200 million to the Plaintiff with the maturity of KRW 60 million on August 20, 2008 and interest KRW 60 million. The Defendant’s father E and his husband F were jointly and severally guaranteed.

On February 27, 2008, the plaintiff of the debtor pursuant to Article 1 (Purpose) approved that the debtor bears the obligation of KRW 520 million against the defendant and D on February 27, 2008 in accordance with the loan certificate and the memorandum of repayment, and ordered that the creditor pay the obligation in accordance with the following provisions.

Article 2 (Time-Limit and Method of Performance) Debtors will pay to creditors the obligations of this case not later than August 20, 208.

Article 4 (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 24% per annum to the delayed amount.

Article 7 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.

Article 8 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize the absence of objection immediately even if compulsory execution has been enforced.

B. On February 27, 2008, a notary public prepared a notarial deed of this case with the following contents at the request of the defendant and D, the plaintiff, the debtor, the joint guarantor, E and F.

C. Based on the original copy of the instant authentic deed, the Defendant applied for a compulsory auction of real estate owned by the Plaintiff to G of this court, and this court rendered a decision to commence compulsory auction on September 13, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 4, and the purport of the whole pleading

2. On May 6, 2009, the defendant agreed with the plaintiff on May 6, 2009 on the condition that the sum of KRW 30 million on May 6, 2009, including KRW 20 million on June 5, 2009 and KRW 50 million on June 5, 2009, the defendant exempted the plaintiff from the plaintiff's remaining obligations under the notarial deed of this case, and on the same day.

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