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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 20, 2008 between the Plaintiff and the Defendant, a notary public signed on February 20, 2008 a notarial deed under a monetary loan contract (hereinafter “notarial deed of this case”) with the law firm C No. 33, 2008.
B. In the notarial deed of this case, the creditor (the defendant in this case) lent KRW 300 million to D on April 30, 2003. The KRW 100 million to February 20, 2008, and KRW 300 million to February 21, 2008, and KRW 170 million to May 21, 2008 must be paid respectively. Interest rate shall be 25% per annum, and it shall be calculated from April 30, 2003 to be redemption in a lump sum on May 21, 2008. The joint and several sureties (the plaintiff in this case and E) guaranteed the debtor's obligation and agreed to perform the obligation jointly and severally with the debtor. The debtor and joint and several sureties stated that there is no objection against compulsory execution without delay if they fail to perform the obligation under this contract."
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion 1) The notarial deed of this case was made by deceiving the plaintiff while hiding the fact that the plaintiff becomes a joint and several surety for the obligations stated in the notarial deed of this case, and it constitutes an expression of intent by fraud and revoked it. 2) Even if the above deception is not acknowledged, the notarial deed of this case was made by mistake without properly knowing the contents thereof, and thus it was revoked.
3) Even if the above deception or mistake is not recognized, the instant notarial deed was made in an imminent situation where the Plaintiff’s Ma and Ma are faced with a risk of being detained, and is null and void as it constitutes an unfair legal act under Article 104 of the Civil Act. 4) Accordingly, the Plaintiff’s obligation against the Defendant does not exist due to the instant notarial deed, and thus, the Plaintiff’s refusal of compulsory execution based on the instant notarial deed is sought.
(b) judgment 1 fraud.