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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Title and compulsory execution;
A. The Plaintiff’s mother, on November 25, 2014, agreed that KRW 15.5 million shall be repaid in five installments by April 25, 2015, but if repayment is delayed, damages for delay shall be paid at the rate of 25% per annum.
B. The Plaintiff jointly and severally guaranteed the maximum amount of KRW 11.5 million out of the amount of debt D.
C. In the event that the Plaintiff and D fail to perform their obligations as the obligor and the joint and several surety, they immediately acknowledged that there was no objection even if compulsory execution was conducted, and provided to the Defendant a notarial deed of monetary loan contract such as the statement in the purport of the claim (hereinafter “notarial deed of this case”). D.
The plaintiff's legal act on the notarial deed of this case was represented by D.
E. The Defendant was granted the execution clause with the title of execution of the instant notarial deed as the title, and around February 2018, the Gwangju District Court 2018No. 2018No. 93, which was the Plaintiff’s ownership, carried out compulsory execution on corporeal movables, such as SamsungTV, Samsung Refriger, and Samsung laundry, and received dividends from the executing court.
[Grounds for recognition] Gap 1, Gap 2-13, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion ① The instant notarial deed was prepared to guarantee the payment of KRW 20 million to the Defendant, which was already paid by the Defendant. Although the Defendant’s payment to D did not reach KRW 20 million, D had paid KRW 500,000 per month from October 27, 2014 to KRW 26.
② If D’s principal paid 26 times to the Defendant (13 million won =5 million won x 26 times) sum up 523,200 won distributed by the Defendant in the course of compulsory execution against the Plaintiff in the course of corporeal movables, the maximum amount of 11,50,00 won guaranteed by the Plaintiff exceeds the maximum amount of 11,50,000 won, compulsory execution against the Plaintiff based on the notarial deed of this case shall be denied.
3. Determination
(a) Where a joint and several surety has guaranteed a certain extent of the obligation of the principal obligor, the principal obligor shall be the same.