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(영문) 서울중앙지방법원 2018.04.27 2017가단5135306
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D and the Plaintiff are directors of social welfare foundation E.

Until now, D and the Plaintiff’s directors and the representative director’s positions are as follows.

1) D was dismissed from office in 2008. On June 29, 2012, it was dismissed from office as the above corporation director and the representative director, and on January 22, 2013, it was dismissed from office on December 12, 2013, and again retired from office as the above corporation director and the representative director, but retired from office on August 22, 2014, it was dismissed from office as of August 22, 2014, and the Plaintiff again retired from office as the above corporation director and the representative director on November 20, 2014. 2) The Plaintiff was dismissed from office as the above corporation director and the representative director on November 20, 2014, but became a director on December 21, 2014, and became a new director on the same day after retiring from office as of December 21, 2014.

B. On March 9, 2015, the Defendant and D drafted a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) as stated in the following purport in the law firm C by a notary public.

A notary public of a notarial deed of a monetary loan for consumption shall, at the commission of the parties, prepare this instrument by hearing the purport of the statement concerning the following juristic acts:

On March 09, 2015, the creditor of Article 1 (Purpose) lent a loan to the debtor of Geumcheon ( 40,000,000) on 09, 2015, and the debtor borrowed it.

Article 2 (Period and Method of Payment) The payment key by 09 May 2015.

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.

2. The maximum amount of the surety obligation of the surety is 40,000,000 won.

3. The term of guarantee obligation shall be one year.

A creditor related to the indication (trustee) of a related person: A debtor related to name (title) B (trustee): name (name) D related (trustee) joint and several sureties: name (name) related to A (trustee) and name of the joint and several sureties: Name (Name) related to A (trustee) and name of the above joint and several sureties: D notary public presented by the above client

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