1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. In borrowing money from the Defendant, on July 2, 2010 between the Plaintiff and the Defendant, the Plaintiff as joint and several sureties, and the Defendant as the obligee, a notary public signed a notarial deed of monetary loan for consumption (hereinafter “instant notarial deed”) with the following content as a joint and several notarial deed No. 472, 2010.

On July 2, 2010, the creditor (the defendant) borrowed money from the debtor (C) and the debtor borrowed it.

Article 2 (Period and Method of Repayment) Full Repayment shall be made by January 2, 2011.

Article 3 (Interest) Interest shall be paid at the rate of 30% per annum.

Article 8 (Joint Guarantee) ① The surety (Plaintiff) has agreed to guarantee the debtor's obligation under this Agreement and to jointly and severally with the debtor to perform the obligation.

(2) The maximum amount of a surety's guarantee obligation is one million won.

(3) The term of guarantee obligations shall be one year.

B. On November 21, 2016, the Defendant filed an application for compulsory auction on the real estate owned by the Plaintiff with the claim “the amount calculated by the rate of KRW 7,00,000 per annum from July 3, 2010 to the date of full payment” under the instant notarial deed as “the principal amount of KRW 7,00,000 and the amount calculated by the rate of KRW 30 per annum from July 3, 2010 to the date of full payment.” On April 17, 2017, the Defendant changed the above claim amount to KRW 7,00,000.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s warranty liability period under the instant notarial deed is from July 2, 2010 to July 2, 2011, which is the date of the conclusion of the guarantee agreement. Therefore, compulsory execution based on the instant notarial deed, which took place after the said period, ought to be denied.

B. The Defendant did not notify the Plaintiff of the obligor’s nonperformance under Article 5 of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) for six years after the lapse of six years. The Defendant’s instant case is the subject of compulsory execution against the Plaintiff’s property.