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(영문) 광주고등법원 2015.12.18 2014나2265
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The defendant's plaintiff (appointed party) and the appointed party Gap corporation shall be a notary public to the defendant.

Reasons

1. On January 6, 2012, the Plaintiff (Appointed Party B; hereinafter “Plaintiff Company”) and the designated parties A (hereinafter “Plaintiff”) and the Defendant’s ASEAN drafted a notarial deed (hereinafter “first notarial deed”) to the effect that, on July 23, 2011, a notary public, set KRW 55,00,000 from G to January 31, 201, the Plaintiff Company borrowed KRW 55,000 from G as the maturity date for payment, and that, on January 31, 2012, the Plaintiff B jointly and severally guaranteed the above borrowed amount, if the Plaintiffs fail to repay the said borrowed amount by the maturity date, the said notarial deed was prepared to the effect that G’s compulsory execution is recognized.

On March 22, 2012, the Plaintiffs and the Defendant borrowed KRW 105,00,000 from the Defendant on July 23, 2011, as a notary public No. 385, the document of 2012, which was signed by the Plaintiff Company, on April 30, 2012. Plaintiff B guaranteed the above loan obligation, and Plaintiff B guaranteed the said loan obligation. In the event that the Plaintiffs fail to repay the above loan by the due date, a notary public drafted a notarial deed to recognize the Defendant’s compulsory execution (hereinafter “notarial deed No. 1”).

On July 4, 2012, the Plaintiffs and the Defendant borrowed KRW 36,00,00 from the Defendant on July 23, 2011 as a certificate No. 871, which was signed by a notary public of a law office (hereinafter referred to as the “notarial deed No. 2 of this case”) to the effect that, on July 23, 2011, the Plaintiff Company borrowed KRW 36,00,000 from the Defendant on April 30, 2012, Plaintiff B guaranteed the above loan obligation, and Plaintiff B guaranteed the said loan obligation, and, if the Plaintiffs fail to repay the said loan by the due date, the said deed was prepared to recognize the Defendant

On July 19, 2012, the Plaintiffs and G borrowed KRW 50,00,00 from G to June 9, 2012 by a notary public of the same law office in 2012, the Plaintiff borrowed KRW 50,00,000 from G to July 15, 2012. Plaintiff B guaranteed the above borrowed debt, and Plaintiff B guaranteed the said borrowed debt, and if the Plaintiffs failed to repay the said borrowed debt by the due date, G’s compulsory execution is recognized.

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