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(영문) 서울남부지방법원 2016.01.15 2014가합14437
채무부존재확인 등
Text

1.(a)

Plaintiff

A notary public against the defendant B, C, and D in 2012, dated September 6, 2012.

Reasons

1. Basic facts

A. By November 10, 2012, including the status of the party, Plaintiff B was an internal director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”), Plaintiff C was the representative director of Plaintiff Co., Ltd, and Plaintiff D was the auditor of Plaintiff Co., Ltd., respectively. On July 9, 2013, Plaintiff B was appointed as the internal director of Plaintiff Co., Ltd. as the representative director.

B. On December 8, 2009, the Plaintiff Company, including each of the instant lands and buildings, purchased five parcels of land (hereinafter “each of the instant lands”) with a F 34 square meters in Yangju-si, G G 592 square meters in total, H 492 square meters in total, H 490 square meters in total, I road 68 square meters, and J road 27 square meters in total, and completed the registration of ownership on January 29, 2010.

Plaintiff

The Company commenced construction of a new building on each of the instant lands and the first and fourth above ground-based commercial buildings (hereinafter “instant construction”), and the newly constructed building according to the instant construction work (hereinafter “instant building”).

C. On September 6, 2012, the Plaintiff C, B, D, and the Defendant drafted a notarial deed of a monetary loan agreement with the effect that “Plaintiff C shall borrow KRW 500 million from the Defendant on September 6, 2012 at the maturity of payment on December 31, 2012, no interest rate, and delay damages rate at 30% per annum, and Plaintiff B, D, and K shall jointly and severally guarantee the debt of Plaintiff C within the maximum amount of KRW 500 million guaranteed obligation” (hereinafter “notarial deed 1”).

Plaintiff

A Co., Ltd. (hereinafter referred to as the "Plaintiff Co., Ltd."), B, and K and the Defendant borrowed KRW 700 million from the Defendant on March 19, 2013 from the Defendant on March 18, 2013 at the rate of 25% per annum of the due date of payment, May 18, 2013, no interest, and delay damages rate. The Plaintiff Co., Ltd., and the Plaintiff Co., Ltd., Ltd. (hereinafter referred to as the "Plaintiff Co., Ltd.") and the Defendant on March 27, 2013 (hereinafter referred to as the "No. 2 No. notarial deeds"), which read that "No. 1 and No. 2 notarial deeds are jointly and severally guaranteed within the maximum amount of the guaranteed obligation."

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