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(영문) 창원지방법원 2018.05.24 2017가합52675
청구이의
Text

1. The Defendant’s authentication against the Plaintiffs is an authentic copy of a notarial deed with the executory power of No. 2185, 2016.

Reasons

1. Facts of recognition;

A. On December 5, 2016, the Plaintiffs and the Defendant: (a) drafted a notarial deed (No. 2185, 2016; hereinafter “notarial deed”) and an investment agreement with the following content (hereinafter “instant contract”); and (b) delivered KRW 300 million to the Plaintiff as a check.

Article 1(B) of the Notarial Deed of Debt Repayment (Quasi-Loan for Consumption) Agreement approves that the amount of investment (including investment proceeds and borrowed money) payable to the creditor is KRW 570 million.

Article 2 (Period and Method of Repayment) 100 million won by March 10, 2017 and 470 million won by December 4, 2017.

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 20% per annum to the delayed amount.

When an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit within the time limit for the above obligation and immediately repay the remainder of the obligation and money and valuables, even if no other notification or peremptory notice is given by the obligee:

1. When an application is filed for declaring the debtor bankrupt, commencing the rehabilitation procedures or commencing the individual rehabilitation procedures;

2. When the debtor is subject to a disposition of suspension of transaction by the creditor bank;

3. Where a debtor falls under any of the following cases, even once a debtor delays the payment of any installment obligation, at the request of the creditor, the debtor shall, when he/she falls under any of the following subparagraphs, lose the benefit of the time limit for the above obligation and immediately repay the remainder in full:

1. When the debtor has received a request for compulsory execution, provisional seizure, provisional disposition or auction from a third person;

2. When a debtor is subject to a disposition of seizure for tax in arrears; and

3. When the debtor has violated the provisions of this contract, the joint and several obligors and the joint and several guarantors shall not perform the pecuniary obligations under this contract; and

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