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1. The plaintiff's claim is dismissed.
2. On January 3, 2017, this Court has regard to cases where a request for suspension of compulsory execution is filed by this Court.
Reasons
1. On July 20, 2016, C of the basic facts: (a) a notary public, who borrowed 161 million won from the Plaintiff as the obligee with the Plaintiff as the obligee, and, on September 21, 2016, intends to repay by September 21, 2016, prepared and executed a notarial deed with executory power of No. 2016, No. 510 for each law firm (hereinafter “notarial deed of this case”); and (b) the Plaintiff is a joint and several surety for the obligation under a notarial deed.
(A) Evidence No. 1) 2. Claim and judgment
A. The plaintiff's assertion that the plaintiff, along with C (the principal debtor) and D (referr), deceiving the plaintiff, and caused the plaintiff to prepare a notarial deed by omitting the first collateral (the shower appraisal 12,5 million won) on the notarial deed and making him/her stand a joint and several surety (the plaintiff's argument is that since the first collateral exists, the defendant first executed it and the plaintiff is responsible for the remaining amount. Since the first collateral is not available, it appears to the purport that the plaintiff was responsible for the total amount of the notarial deed as there is no first collateral, it appears that there was deception in the process of preparing the notarial deed). The plaintiff's execution based on the above notarial deed should not be denied on the ground that there is no obligation.
B. The witness C, who seems to meet the judgment, cannot be trusted in view of the fact that he is the principal debtor on the instant notarial deed, and there is a lack of evidence to acknowledge only the evidence No. 2, and there is no other evidence to acknowledge the Plaintiff’s assertion.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.