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(영문) 인천지방법원 2016.04.15 2015가합4746
청구이의
Text

1. Certificates No. 165, 2013, written by the Defendant’s notary public against the Plaintiffs on February 14, 2013, signed by Law Firm Yellow Sea.

Reasons

1. Basic facts

A. At the commission of the Plaintiffs and the Defendant, a notary public drafted a notarial deed on February 14, 2013 on a monetary loan agreement No. 165 (hereinafter “instant notarial deed”) (hereinafter “instant notarial deed”) on the commission of the Plaintiffs and the Defendant.

The main contents of the notarial deed of this case are as follows.

Article 1 (Purpose) The Defendant lent the amount of KRW 1.2 billion to the Plaintiff on January 23, 2013, and the Plaintiff A borrowed it.

Article II (Period and Method of Performance) 30 July 2013

Article 5 (Compensation for Delay) If the plaintiff A delays the repayment of the principal or interest, the late payment damages shall be paid to the defendant at the rate of 30 percent per annum for the delayed principal or interest.

Article 8 (Joint Guarantee) (1) The Plaintiff B guaranteed the Plaintiff’s obligation under this Agreement, and agreed to perform the obligation jointly and severally with the Plaintiff A.

(2) The maximum amount of the surety's guarantee obligation is 1.69 million won.

B. On July 9, 2014, the Defendant filed an application for a compulsory auction on an aggregate building on land owned jointly by the Plaintiffs and E and Geum River Integrated Construction Co., Ltd. (formerly: Mapo-si Construction Co., Ltd.) with the title of execution of the instant notarial deed as the title of execution, and received a decision to commence the compulsory auction on the same day.

C. On August 6, 2015, the Plaintiffs, E, and Franchi Construction Co., Ltd. deposited KRW 1.6 billion with the Defendant as the principal deposit account in Seoul Western District Court Decision 3372, supra. The Defendant reserved an objection on August 19, 2015 and received the said deposit.

On August 25, 2015, the Incheon District Court rendered a decision to suspend compulsory execution until the pronouncement of the judgment on the merits of this case, subject to the condition that the plaintiffs deposit the real estate auction procedure for the Incheon District Court Branch DDD D based on the Notarial Deed of this case as security, with the condition that the plaintiffs deposit KRW 150 million.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 7, 16, 17, 18, 25, and this Court.

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