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1. No. 1453, July 13, 2007, No. 1453, which was signed by the defendant against the plaintiff by a notary public against the plaintiff.
Reasons
1. Basic facts
A. On July 13, 2007, No. 1453, No. 1453 (hereinafter “notarial deeds of this case”) was drawn up by a notary public at the commission of the defendant, who is both the agent of the debtor (Plaintiff) and the joint and several sureties (D) and the creditor.
The main contents are as follows:
Creditors: The plaintiffs, debtors, joint and several sureties: D debtors shall approve the fact that they bear the following obligations against the creditors:
- The date on which the principal or interest has been incurred: Loaned - The debt type - The debt amount due on February 8, 2007: 3.9 million won: May 8, 2007; the method of repayment: 66% per annum of the interest on temporary payment. If the debtor delays the repayment of principal or interest, the delayed interest shall be paid to the creditor at the rate of 66% per annum of the interest on the delayed principal or interest.
When the debtor and the joint and several sureties fail to perform any obligation pursuant to this contract, they shall recognize and recognize that there is no objection even if compulsory execution has been effected immediately.
B. Meanwhile, on June 4, 2010, the Plaintiff filed a bankruptcy and application for immunity (Seoul District Court 2010Hadan3994 and 2010 Ma3994) (hereinafter “application for bankruptcy and exemption”) and was declared bankrupt on March 23, 201, and was granted immunity on the same day, and the said immunity became final and conclusive on April 8, 201.
In the list of creditors at the time, ① Korea Life Insurance Co., Ltd. (hereinafter “instant decision on immunity”). However, the Defendant’s claim under the instant notarial deed (hereinafter “instant loan claim”) is not stated in the list of creditors at the time of the Plaintiff’s bankruptcy and application for immunity (i.e., the sum of the principal amount (35,826,936 interest delay damages totaling KRW 38,346,557) in the list of creditors at the time of the Plaintiff’s application for immunity.