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광주지방법원 2018.09.21 2017가단10560
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On April 26, 2017, this Court has regard to cases of application for suspension of compulsory execution by this Court.

Reasons

1. Basic facts

A. On October 14, 2013, between the Plaintiff, the Defendant, and C, the joint and several obligors, the Defendant, and the Plaintiff as joint and several guarantors, a notary public signed a notarial deed under a monetary loan agreement with the law firm Locom 2013 (hereinafter “notarial deed of this case”) with the following content as the notarial deed No. 2429 of the document No. 2013 (hereinafter “instant loan”).

Article 1 (Purpose) The creditor lent the amount of KRW 15 million to the debtor on October 14, 2013 and the debtor borrowed it.

Article 2 (Period and Method of Repayment) Temporary Repayment shall be made until October 14, 2014.

Article 3 (Interest) Interest shall be paid an amount equivalent to 30% per annum on the 14th day of each month.

Article 4 (Place of Performance) The place of performance of the obligation shall be the address of the obligee.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 30% per annum on the delayed principal or interest.

Section 8 (Joint Guarantee) of 6 and Article 7 omitted. ① The surety guaranteed the debtor's obligation under this contract and agreed to jointly and severally with the debtor to perform the obligation.

(2) The maximum amount of the surety's guarantee liability is KRW 20 million.

(3) The guarantee period shall be ten years from the date of borrowing.

Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.

B. On November 22, 2016, the Defendant, based on the instant notarial deed as D of this Court, received a compulsory decision to commence compulsory auction on land and ground buildings owned by the Plaintiff in Gwangju Mine-gu.

[Reasons for Recognition] The descriptions of evidence Nos. 3 and 7, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is based on the notarial deed of this case, since there is no or no claim for the loan of this case for the following reasons.