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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On February 25, 1997, a mutual savings and finance company (hereinafter “mutual savings and finance company”) loaned KRW 30,000,000 to C on February 25, 1998 due date for payment, the agreement rate of KRW 16.5% per annum, overdue interest rate of KRW 20% per annum (hereinafter “instant loan”), and the Plaintiff A, the spouse of C, and D, the wife, were jointly and severally guaranteed the instant loan obligation of KRW 30,000.
B. On March 8, 1997, a notary public prepared a notarial deed on the loan of this case as the creditor, C as the principal debtor, and as the plaintiff and D as the joint guarantor, the notarial deed on the loan of this case (hereinafter "notarial deed of this case"). On March 25, 2000, the notarial deed of this case as the title of execution of D is the notarial deed and as the execution debtor, the Cheongju District Court as the Cheongju District Court as the Cheongju District Court as the Cheongju District Court's 38,717,610 won (this principal of the loan of this case of KRW 30,00,000,00 and its total amount of KRW 20% per annum from October 16, 1998 to March 20, 2000 to KRW 38,508,6380 and KRW 4186,306,410 (the collection order of this case).
C. The non-party credit cooperative was declared bankrupt on May 7, 2001. On November 6, 2002, D filed a lawsuit for confirmation of the authenticity against the Korea Deposit Insurance Corporation in bankruptcy of the non-party credit cooperative (hereinafter “Korea Deposit Insurance Corporation”) to confirm that the part of the notarial deed in this case was not genuine (However, during the proceeding of the lawsuit in this case, the court changed it to the lawsuit for objection against the non-party credit cooperative's refusal of compulsory execution based on the notarial deed in this case against the non-party credit cooperative itself) and the above court on June 7, 2003.