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(영문) 인천지방법원 2019.07.04 2019가단210030
청구이의
Text

1. A notary public of August 29, 2007 against the defendant's plaintiff on the notarial deed No. 924 of the joint law office as of August 29, 2007.

Reasons

1. Basic facts

A. On August 29, 2007, an authenticated deed No. 924, No. 2007 (hereinafter “notarial deed of this case”) was drawn up between the Plaintiff (debtor) and the Defendant (creditor) and a notary public containing the following contents.

On August 29, 2007, the creditor of Article 1 (Purpose) lent the amount of KRW 8.3 million to the debtor and the debtor borrowed it.

Article 2 (Period and Method of Performance) 138,00 won per the tenth day from September 2007 to July 2012, and the amount of KRW 158,000 on August 158, 2012 shall be repayment in installments.

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 within the time limit for the obligations of the borrowed money, and immediately repay all of the remainder of the obligations, even if no other notification or peremptory notice

3. When the debtor falls under any of the following subparagraphs when the debtor delays the payment of the principal and this fund, the debtor shall, upon the request of the creditor, lose the benefit of the time limit for the above loan obligations and shall immediately repay the remainder in full, upon the request of the creditor:

1. When the debtor has received a request for compulsory execution, provisional seizure, provisional disposition or auction from the garnishee;

B. On February 11, 2019, the Defendant launched compulsory execution D with the Suwon District Court Ansan Branch D (hereinafter “instant compulsory execution”) with the title of execution of the instant notarial deed as the title of execution.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Issues and judgments

A. The key issue of the instant case is whether the Defendant’s claim based on the instant notarial deed has ceased to exist due to the completion of prescription.

B. The special agreement on the loss of benefit based on the legal doctrine No. 1 provides that if certain grounds arise according to such special agreement, the benefit of time shall naturally be lost without the obligee’s claim, and the due date shall arrive, and the obligee’s notification or claim shall be notified after certain grounds arise.

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