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1. The Defendant’s notary public against the Plaintiffs is a monetary loan agreement of Law Firm D, No. 992, 2013.
Reasons
1. Basic facts
A. On October 21, 2013, the Plaintiffs drafted and issued to the Defendant a notarial deed of a monetary loan agreement (hereinafter “first notarial deed”) No. 992 of 2013 with the following content as a notary public:
(Purpose) On October 2, 2013, the Defendant lent KRW 62,000,000 to the Plaintiff, and the Plaintiff borrowed it.
(Period and Method of Payment) By December 30, 2017.
(interest)The interest shall be 10 per cent (10%) per annum on the second day of each month.
(Amount for delay) If the defendant A delays the repayment of principal or interest, the delayed interest shall be paid at the rate of 20% per annum for the delayed principal or interest.
(Joint Guarantee) The surety (Defendant B) shall guarantee the obligation of the Defendant A under this Agreement and shall discharge the obligation jointly and severally with the Defendant A.
The maximum amount of the surety (Defendant B) is KRW 62,00,000.
(Recognition and Recognition of Compulsory Execution) When the Defendants failed to perform a pecuniary obligation under this contract, the Defendants recognized the absence of objection immediately even through compulsory execution.
B. On October 2, 2013, Plaintiff A issued and notarized a promissory note on December 30, 2017 to the Defendant at par value of KRW 60,000,000, and due date.
(No. 93 No. 993, 2013; hereinafter referred to as "No. 2 No. notarial deeds") (based on recognition) No. 3-1 and No. 2, and the purport of the whole pleadings by a notary public
2. The summary of the cause of the claim (Plaintiff’s assertion) that Plaintiff A borrowed from the Defendant prior to the preparation of the No. 1 No. 1 No. 1 No. 34 million won is merely the amount of money borrowed.
Before September 2013, the principal and interest of the Plaintiff and Defendant A’s debt was settled as KRW 62 million, and written No. 1 notarial deed on October 21, 2013.
However, the plaintiff B provided joint and several suretiess only for the above 62 million won, and the defendant demanded another security, and accordingly, prepared the second notarial deed for the payment of future interest of the above 62 million won.