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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. The Defendant’s husband C has been engaged in monetary transactions with D from 2011 to 2013, and the Plaintiff is the mother of D.
B. On April 5, 2013, by commission from E, both the Plaintiff and D and C, a notary public was drafted on April 5, 2013 the deed of debt reimbursement contract (quasi-loan for Consumption) with the following content (hereinafter “notarial deed of this case”).
On April 5, 2013, Article 1 (D) approved that the debtor bears the obligation of KRW 380 million under the monetary loan agreement against the creditor (C) on December 19, 2012, the debtor made an offer to repay the obligation in accordance with the following provisions, and the creditor accepted it:
Article 2 (Period and Method of Payment) The full repayment was made by March 19, 2013.
Article 3 (Interest) Interest rate was set at 30% 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 30% per annum to the delayed amount.
Article 8 (Joint Guarantee)
1. The guarantor (Plaintiff) has agreed to guarantee the debtor's obligation under this Agreement and to discharge the debtor's obligation jointly with the debtor.
2. The maximum amount of the surety obligation of the surety is one billion won.
3. The term of guarantee obligations shall be until December 18, 2032.
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.
C. On April 16, 2013, C received a claim from the Plaintiff that the right of representation on the instant Notarial Deed was lacking, “A shall withdraw and nullify the Plaintiff’s debt repayment contract, which is a joint and several surety, in registering the creation of a collateral security right with respect to the instant real estate.” The following agreement states that “A shall not raise an objection against KRW 100 million with respect to the amount of the creation of a collateral security right.”