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1. The Defendant’s notary public against the Plaintiff No. 830 on October 24, 2014, 2014.
Reasons
1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence 1-1 and 2:
On October 20, 2014, the Plaintiff drafted a loan certificate stating that “the Plaintiff borrowed KRW 50 million from the Defendant, and as a joint and several surety, the period of the loan shall be 25% per annum from October 20, 2014 to January 20, 2015” (hereinafter “the instant loan certificate”).
B. On October 24, 2014, the Defendant and D (D) entrusted the preparation of an executory notarial deed (in the capacity of Plaintiff and B’s agents as D himself) with the notarial deed pertaining to a debt repayment contract as follows, a notary public entrusted the notarial deed with the notarial law firm (hereinafter “notarial law firm of this case”). Accordingly, the notarial law firm of this case, Attorneys E prepared the notarial deed (hereinafter “instant notarial deed”) at No. 830 on the same day on the same day.
On the other hand, the notarial deed of this case states that "the power of representation on commission is recognized by the power of attorney attached to the certificate of personal seal impression of the principal."
Article 1 (Approval of Debt) of the Notarial Deed of Debt Settlement Contract provides that the obligor has assumed the obligation to the obligee under this Agreement, and that the obligee has promised to repay the obligation under this Agreement. The date on which the obligation arises: The date on which the obligation occurs: Loan - Type of Debt - Payment of KRW 50 million per annum 25% per annum on January 24, 2015 (interest) of KRW 25% per annum on January 24, 2015. If the obligor delays the repayment of the above amount, damages for delay shall be paid to the obligee at the rate of 25% per annum per annum on the delayed amount.
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 shall be principal and interest;