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(영문) 서울중앙지방법원 2016.08.25 2016가단5000380
청구이의
Text

1. The Defendant’s law firm, Busan, on March 5, 2014, entered into a debt repayment agreement No. 169 on the 2014.

Reasons

1. Basic facts

A. On March 5, 2014, Busan Law Firm is the defendant, debtor C, joint and several sureties as the plaintiff, creditor, debtor, and joint and several sureties's agent.

No. 169 of 2014 No. 169 of the deed of 2014 (Quasi-Loan for Consumption) (hereinafter referred to as the "notarial deed of this case") was drawn up, and the agreement of debt repayment (quasi-Loan for Consumption) containing the following contents was set up, and the main contents thereof are as follows:

On March 5, 2014, the debtor recognized the debtor's obligation to pay KRW 180 million borrowed from the creditor on November 1, 2013, and offered an offer to repay in accordance with the following provisions, and the creditor accepted it.

Article 2 (Period and Method of Payment) The payment rate shall be the rate of 20% per annum of March 12, 2014 (Interest) on the last day of each month.

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.

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 obligation of the surety is KRW 180,000,000.

3. The period for guaranteed liabilities shall be until the full amount of the guaranteed liabilities is repaid;

Article 9 (Recognition of Compulsory Execution) When the obligor does not perform a pecuniary obligation under this contract, the obligor recognized that there is no objection even if it was immediately enforced.

A client: Agent D of a creditor, debtor and joint guarantor

B. Based on the instant notarial deed, the Defendant applied for a compulsory auction on the fourth floor of the Plaintiff’s moving to Gwanak-gu in Seoul Special Metropolitan City, the Seoul Central District CourtF on December 17, 2015.

【Ground of recognition】 Evidence Nos. 1, 2, 3-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.

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