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(영문) 수원지방법원 2018.09.12 2017가합10346
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 24, 2010, the Plaintiff borrowed KRW 300,000,000 from the Defendant from the Defendant, who is a registered credit service provider, at the interest rate of 39.6% per annum on August 24, 2010, between the Plaintiff and the Defendant, and drafted a standard contract for loan transactions with the effect that D is a joint and several surety for the Plaintiff’s above loan obligations.

(2) On March 24, 2010, the creditor of the notarial deed of a monetary loan loan contract lent money KRW 300 million to the debtor, and the debtor borrowed it respectively.

Article 2 (Period and Method of Repayment) Full Repayment shall be made not later than May 25, 201.

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.

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.

A notary public, who is the defendant joint and several sureties, the defendant joint and several sureties, the plaintiff joint and several sureties, prepared a notarial deed of a monetary loan contract for consumption (hereinafter "notarial deed of this case") on May 24, 201 as the document No. 2863 on May 24, 2011.

The main contents of the notarial deed of this case are as follows.

On December 28, 2016, the defendant was granted execution clause on the instant notarial deed, and on January 5, 2017, issued a seizure and collection order on the Plaintiff’s deposit claim, insurance claim, and insurance claim.

(U) The Plaintiff’s assertion of the purport of the entire pleadings is not a loan agreement that the Plaintiff borrowed money from the Defendant, but a transfer contract that D transfers its claim against the Plaintiff to the Defendant. (The Plaintiff’s claim is not a loan agreement that the Plaintiff borrowed money.) The Plaintiff’s assertion of the purport of the entire pleadings is not a loan agreement that the Plaintiff borrowed money from the Defendant.

The instant contract is as follows.

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