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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 December 30, 2011, the Plaintiff, the Plaintiff’s punishment E and notary public, drafted an authentic deed of a debt repayment contract (quasi-loan for consumption) with the following content as at No. 1965, No. 1965, Dec. 30, 2011.
(hereinafter referred to as the “notarial deed of this case.” On December 30, 2011, the obligor, among its contents, has accepted the obligor’s liability of KRW 75,00,000 under the monetary loan contract of this case as of September 6, 201, and offered to the obligee for reimbursement in accordance with the following provisions, and accepted the obligee.
Article 2 (Period and Method of Payment) The full repayment was made by September 6, 201.
Article 3 (Interest) Interest rate was set at 20% per annum.
Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 25% per annum to the delayed amount.
Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.
B. Based on the instant notarial deed, the Plaintiff filed an application for a compulsory auction with respect to each of the real estate listed in the separate sheet owned by E (hereinafter “instant real estate”) as the case involving Jeonju District Court Southern Branch D, and received a decision to commence compulsory auction from the said court on January 19, 2012 (hereinafter “decision to commence the first compulsory auction”).
Based on the first decision to commence compulsory auction, the auction procedure (hereinafter “instant auction procedure”) was in progress, and the type of demand for distribution was set on April 16, 2012.
C. Defendant Credit Guarantee Fund filed an application for compulsory auction regarding the instant real estate in the case involving Jeonju District Court Southern District Court Branch C, and received a decision to commence compulsory auction from the said court on March 21, 2012 (hereinafter “the second decision to commence compulsory auction”). D.
In this case.