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(영문) 울산지방법원 2016.05.24 2015가단23740
청구이의
Text

1. The Defendant’s law firm Taesung (hereinafter “Defendant”)’s monetary loan agreement, No. 816, No. 2014, Nov. 28, 2014, signed by the Defendant against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, while serving as an employee of C Co., Ltd. (hereinafter “C”), a planning real estate company operated by the Plaintiff, entered into a sales contract with C from June 1, 201 to May 31, 2013 on several occasions to purchase the share ownership of land, such as D forest and field in the Northern-gu, Mapo-si, B from May 31, 201.

B. On November 22, 2014, the Defendant prepared a loan certificate stating that “The Plaintiff borrowed KRW 120 million from the Defendant” from the Plaintiff on November 22, 2014, inasmuch as C failed to perform its duty to transfer ownership, etc. even though it paid the purchase price exceeding KRW 100 million according to each of the above sales contracts (Evidence A 4).

C. On November 28, 2014, the Plaintiff, Defendant, and E drafted a notarial deed of a monetary loan agreement (hereinafter “instant notarial deed”) as the main content No. 816, No. 816, in which the Plaintiff, Defendant, and E drafted the following:

Creditors: The plaintiff, the debtor, and the joint and several sureties: E is the creditor on December 20, 2012 and the debtor borrowed the amount of KRW 120 million on the debtor and the debtor borrowed it.

The due date shall be July 10, 2015.

Interest shall be paid at the rate of 12% per annum from November 28, 2014 to the due date for payment on the 25th day of each month.

If the obligor delays the repayment of the principal or interest, he/she shall pay damages for delay calculated by the rate of 24% per annum on the delayed principal or interest.

A joint and several surety shall be a joint and several surety with the maximum amount of the debtor's debt 120 million won and the period of the joint and several surety debt as of November 28, 2019.

When the debtor and the joint and several sureties fail to perform any monetary obligation under this contract, they shall recognize and recognize that there is no objection even if the compulsory execution has been effected immediately.

In order to perform the obligations under the instant Notarial Deed, the Plaintiff is identical to the date indicated in the “Date of Appropriation of Performance” in the attached Table between January 30, 2015 and April 30, 2015 to the Defendant.

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