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(영문) 춘천지방법원 영월지원 2018.08.22 2017가단10799
청구이의
Text

1. No. 818 of 2009, a notary public against the plaintiffs, signed by the defendant's joint law office on September 8, 2009.

Reasons

1. Basic facts

A. On September 8, 2009, the defendant agreed to lend KRW 30,000,000 to the plaintiff A, and delivered KRW 28,50,000,000 after deducting KRW 1,50,000 from the monthly interest, and paid KRW 2,00,000 to E as designated by the plaintiff A. The plaintiff Eul guaranteed the above loan obligations against the defendant of the plaintiff. 2) The plaintiffs and the defendant entrusted a notary public of September 8, 2009 with the preparation of an authentic deed of a monetary loan loan agreement to the Dhap Office, and on the same day, as of the above legal office certificate, the notarial deed was prepared as follows by No. 818 of September 2009.

(hereinafter referred to as “notarial deed of this case”). Article 1 (Purpose): The defendant lent KRW 40,000,000 to the plaintiff on September 8, 2009, and the plaintiff A borrowed it.

Article 2 (Period and Method of Performance): Payment shall be made on December 8, 2009.

Article 3 (Interest: (Amount of Damages for Delayed) The interest shall be paid to the creditor at the rate of the annual rate of the principal or interest delayed when the plaintiff delays the repayment of the principal or interest.

Article 8 (Joint Guarantee): The plaintiff B guaranteed the debt of the plaintiff A under this Agreement and agreed to perform the debt jointly and severally with the plaintiff A.

Article 9 (Recognition of Compulsory Execution):In the event that the plaintiffs fail to perform their monetary obligations under this contract, the plaintiffs recognized the absence of objection immediately even if they are subject to compulsory execution.

Article 10:The maximum amount of the guaranteed debt of the Plaintiff B is KRW 40,000,000.

B. Plaintiff A repaid KRW 1,50,000 on October 8, 2009, KRW 550,000 on November 13, 2009, KRW 200,00 on November 25, 2009, KRW 300,000 on December 7, 2009, and KRW 10,000 on January 17, 2010.

C. The Plaintiffs paid the deposit amount, while the Plaintiffs joined the joint fraternity by Defendant and E, etc. (hereinafter “instant fraternity”) around September 2009, and up to March 2010 to the transferor E.

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