청구이의
The judgment of the first instance court is modified as follows.
A. The Defendant’s notary public against the Plaintiff is a law firm C on May 20, 2016.
1. The court's explanation on this part of the basic facts is identical to the pertinent part of the reasoning of the judgment of the first instance, and thus, it is citing it by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. On May 20, 2016, Plaintiff 1) D or Plaintiff did not have agreed to borrow money as stated in each of the instant fair deeds from the Defendant, and there was such agreement.
Even if there was no actual receipt of the money agreed by the defendant after the fact.
Therefore, each of the instant fair deeds does not exist.
2) Even if the process deed No. 1084 was prepared by D to secure the performance of a loan or an obligation to return invested money that D had been borne by the Defendant before May 20, 2016, the Plaintiff, not the D’s obligation arising before May 20, 2016, but the Plaintiff signed and sealed the consumption lending agreement between D and the Defendant on May 20, 2016 with the intent to jointly and severally guarantee the obligation arising from the consumption lending agreement between D and the Defendant, and thus, the Defendant’s joint and several surety claim against the Plaintiff corresponding to the execution claim of the process deed No. 1084 is nonexistent.
3) Even if the process deed No. 1085 was prepared by D to secure the performance of the obligation against the Defendant before May 20, 2016, the Plaintiff did not have any intent to be liable for the performance of the obligation to compensate for damages. However, if D or the Plaintiff bears a new obligation against the Defendant after May 20, 2016, it is merely a signature and seal on the said process deed. Since D or the Plaintiff did not bear a new obligation against the Defendant, the execution claim of the process deed No. 1085 is nonexistent.
4) The process deed functions as a title of execution, so it cannot be useful for the execution of other claims, not the claims indicated in the deed, and it is against the defendant's plaintiff asserted by the defendant.