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1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution, 2018 Chicago10379, December 2018.
Reasons
1. Basic facts
A. On January 5, 2009 between the Plaintiff, the Defendant, D, the obligor, the Plaintiff as joint and several surety, the Defendant as the agent of the obligor and joint and several surety, and the notary public drafted a money loan loan contract notarial deed (hereinafter “notarial deed of this case”) with the following content as the evidence Nos. 5 of 2009 against the law firm C, and the claim on the notarial deed of this case is referred to as “the claim of this case”).
On September 24, 2008, the creditor of Article 1 (Purpose) lent the amount of KRW 85 million to the debtor and the debtor borrowed it.
Article 2 (Period and Method of Payment) The full payment of the penalty shall be made in lump sum by January 12, 2009.
When a debtor under Article 5 (Amount of Damages for Delay) of the 3 or 4 omitted delays the repayment of principal or interest, he/she shall pay damages for delay at the rate of 30% per annum to the creditor in proportion to the delayed principal or interest.
Section 8 (Joint Guarantee) of 6 and Article 7 omitted. ① The surety guaranteed the debtor's obligation under this contract and agreed to jointly and severally with the debtor to perform the obligation.
(2) The maximum amount of the surety's guarantee obligation is 85 million won each.
(3) The guarantee period shall be ten years.
Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.
B. The notarial deed of this case is accompanied by the power of attorney with the following contents (hereinafter “the power of attorney of this case”).
The power of attorney: A person above the defendant shall be designated as his agent and shall delegate all the powers to commission the preparation of a notarial deed on the following matters at a law firm Cnotarial office to the preparation of a notarial deed on the matters, and shall permit the following articles:
Provided, That a creditor accepts a self-contract and both representation. A debtor shall be a joint and several surety: A debtor: The amount of debt shall be the plaintiff (the maximum amount of guarantee obligation: the amount of sale million won and the guarantee period of ten years):