1.The judgment of the first instance shall be modified as follows:

The defendant's plaintiff (appointed party) and the appointed party C,

1. Facts of recognition;

A. On January 13, 2006, F representing the defendant as the creditor and D representing the plaintiff as joint and several sureties and the Claimant C, a joint and several sureties, entrusted the above notarial office with the preparation of a notarial deed of debt repayment contract (hereinafter "notarial deed of this case") at the chipary joint and several offices, and the attorney G of the above notarial office at the above notarial office, upon the above entrustment, confirmed that the notarial office is not the person being identified by the resident registration certificate presented by the client, and completed the notarial deed of this case by the power of attorney as to the commission, which is confirmed by the power of attorney attached to the certificate of personal seal impression of the principal. The main contents are as follows.

Article 1 The debtor, on January 13, 2006, borrowed from the creditor in fact that the debtor has been bound to pay the debt from the creditor in advance (the due date and method of repayment) shall be the debtor to pay the debt to the creditor on January 30, 2007.

Article 3 (Interest) Interest shall be paid on the monthly day at the rate of % 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 20% per annum to the delayed amount.

Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.

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. There is no fact that D, the Defendant, and the Selection C have repaid the obligation of borrowed money on the Notarial Deed.

【Ground of recognition】 Evidence No. 1, and the purport of the whole pleading

2. Determination

A. In a lawsuit seeking objection, where the executive title is final and conclusive in the lawsuit seeking objection, the grounds for the objection must arise after the closure of arguments at the fact-finding court (Article 44(2) of the Civil Execution Act), but it is an executory deed, a notary public prepared by executive title.