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(영문) 부산고등법원(창원) 2014.07.24 2013나21119
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

A notary public of the defendant against the plaintiffs is a law firm Seohyeong.

Reasons

1. Basic facts

A. During the course of operating the “E” as the Korea-do Retail Store, Plaintiff A received the supply of the Korea-do Group equivalent to KRW 110,000,000 in total from “G”, a supplier of the Korea-do Unit operated under the name of the Defendant, by March 26, 2008.

B. On March 26, 2008, the Plaintiff A and the Defendant (Agent F) signed and sealed the notarial deed on March 26, 2008 as a joint guarantor of the Plaintiff’s notarial deed (hereinafter “instant notarial deed”) in order to secure the said goods payment obligation, a notary public prepared from the west to the west by the 342 No. 342 (hereinafter “instant notarial deed”), and the Plaintiff B (the Plaintiff’s wife, May 209, and May 20, 2009), and C (A’s ASEAN) signed and sealed the said notarial deed as a joint guarantor of the Plaintiff’s notarial deed.

At the time, Plaintiff A agreed to the effect that “Plaintiff A would pay KRW 160,000,000 to the Defendant,” on the premise that he/she additionally receives KRW 50,000 from the Defendant for the payment of the said goods, by increasing the amount of the said goods.” The main contents of the said notarial deed are as follows.

The obligor(Plaintiff A) promised to pay the amount of the obligation to be paid to the obligee(Defendant) as the price of the goods under Article 1(a) of the Debt Amount of KRW 160,000,000, and the obligee also accepted the payment under the following provisions:

Article 2 (Time-Limit and Method of Payment) Debtors are to pay each million won to creditors in 32 installments, respectively, from August 2008 to March 2011, respectively.

Article 3 (Interest) Any interest shall be deemed nonexistent.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 20% per annum on the delayed principal or interest.

Article 6 (Loss of Maturity) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time due to the obligation for the borrowed money, even if no other notification or peremptory notice is given by the obligee, and shall pay the remainder

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