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1.(a)
The plaintiffs' debts under the underwriting contract in the separate sheet against the defendant are KRW 120,000,00 and this is accordingly.
Reasons
Facts of recognition
The Plaintiffs, around August 31, 2015, shall be the “F Dental Hospital” located in Gyeyang-si, the Defendant operated with the Defendant (hereinafter referred to as the “instant hospital”).
) The instant business takeover agreement was concluded by setting the price for all businesses, such as premium, machinery, equipment, patients, and succession to employees, as KRW 1,650,000,000.
On January 7, 2016, at the request of the plaintiffs and the defendant, a notary public prepared the notarial deed of this case in relation to KRW 300,000,000, which is the balance of the contract for the takeover of business of this case at the D Joint Law Office, as the debtor Eul, the plaintiff B as the joint guarantor, and the defendant as the creditor.
The main contents of the notarial deed of this case are as follows.
Article 1 (Approval of Debt) The debtor has approved that the creditor bears the following obligations against the creditor and has promised to repay the obligations under this Agreement, and the creditor has accepted it:
H. The amount of the F.C. total sum of KRW 300,000 (e.g., KRW 300,000) shall be the amount to be repaid to the creditor in 30 installments by the end of each month from July 31, 2016 to December 31, 2018.
Article 5 (Compensation for Delay) If the debtor delays the repayment of the above amount, the delay damages shall be paid to the creditor at the rate of 25% per annum to the delayed amount.
Article 6 (Loss of Maturity) If an obligor falls under any of the following subparagraphs, he shall, as a matter of course, lose the benefit of time for the obligation above, and immediately repay all of the remainder of the obligation, even without any notification or peremptory notice from the obligee:
3. If the debtor delays the payment of the principal obligation. 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 debt of the surety shall be 360,000.