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(영문) 대전지방법원천안지원 2017.10.20 2016가합1215
청구이의
Text

1. The Defendant’s notary public against the Plaintiff entered into a monetary loan agreement No. 341, No. 341, 2014.

Reasons

1. Basic facts

A. On June 27, 2014, at No. 341, a notary public signed a notarial deed of a monetary loan agreement between B and the Plaintiff, the representative director of the Plaintiff, and the Defendant, on the following terms: (a) No. 341 of the document drawn up by Pyeongtaek-si Law Firm.

(hereinafter referred to as “instant authentic deed”). - The Defendant lent KRW 500 million to B on June 27, 2014.

- B will pay the above loan by December 30, 2015.

- interest shall be one percent per annum.

- If B delays repayment, the damages for delay shall be paid to the Defendant at the rate of 18 percent per annum.

- The plaintiff jointly and severally guaranteed the debt B under this contract.

- The maximum amount of the Plaintiff’s guaranteed liability is KRW 500 million.

- The duration of the surety obligation is until December 30, 2020.

B. On May 2, 2016, a notary public signed a notarial deed of a monetary loan agreement with the following content as at No. 190 on a document drawn up by Pyeongtaek-si Law Firm (hereinafter “C”) between B, Plaintiff, Defendant, and C (hereinafter “C”) on May 2, 2016:

The above notarial deed is called 'notarial deed' in 2016.

- The Defendant lent KRW 300 million to B on January 1, 2016. - B agrees to pay the above loan by July 31, 2016. - Interest rate shall be 6% per annum. - When B delays payment, the Plaintiff and C shall pay damages for delay at the rate of 18% per annum to the Defendant. - The Plaintiff and C shall jointly and severally guarantee the obligations under this contract. The maximum amount of the Plaintiff and C’s guaranteed liability shall be 300 million won. (C) The Defendant, on November 14, 2016, issued a seizure and collection order against the Plaintiff’s deposit claim against the Korea Livestock Cooperative on the Incheon Livestock Cooperative (this Court Decision 2016ta691), and on November 16, 2016, issued a seizure and collection order against the Bank of Korea’s deposit claims and KRW 300 million (No. 200 million against the Bank of Korea on December 16, 2016).

C On November 30, 2016, the Defendant paid KRW 300 million to the Defendant for the performance of joint and several liability obligations under notarial deeds in 2016.

E. The defendant of this case.

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