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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts can be acknowledged, either in the absence of a dispute between the parties, or in the entirety of the arguments in Gap evidence Nos. 1 to 4 (including the branch numbers).
On December 30, 2011, between the Plaintiff’s punishment E, a notary public drafted a notarized deed of a contract for debt repayment (quasi-loan for consumption) with the following content as at No. 1965, No. 1965, a certificate of the General Law Office in Honam-nam, Law Firm 201:
(hereinafter referred to as the “notarial deed of this case,” and the obligor E and the obligee are the Plaintiff). On December 30, 201, the obligor on December 30, 2011, acknowledged that the obligor bears the obligation of KRW 75,000,000 under the monetary loan contract of this case on September 6, 2010, 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. On the basis of the instant notarial deed, the Plaintiff applied for a compulsory auction on each real estate listed in the separate sheet owned by E (hereinafter “instant real estate”). On January 19, 2012, the said court received a decision to commence compulsory auction (hereinafter “decision to commence compulsory auction”) from the said court, and the auction procedure (hereinafter “instant auction procedure”) was conducted upon the first decision to commence compulsory auction.
C. After doing so, the defendant Credit Guarantee Fund shall apply for compulsory auction on the real estate of this case for the case of Jeonju District Court Southern Branch C.