The defendant's notary public against the plaintiff is a monetary consumption lending contract No. 1900 of C Law Firm 2010.

1. Facts of recognition;

A. D (the Plaintiff’s mother) entrusted with the Defendant, a creditor, as the Plaintiff’s agent who is an obligor and joint guarantor, and the notary public drafted a process of lending and borrowing contract No. 1900 of C Law Firm 2010 (hereinafter “Fair Deed”), and the main contents thereof are as follows.

On October 21, 2010, the creditor of Article 1 lent 20 million won to the debtor and the debtor borrowed it.

Article 2 The repayment deadline was set on December 20, 2010.

Article 3 The interest rate was set at 30% per annum and was paid at the 21st day of each month.

Article 8. The debtor and the joint guarantor failed to perform their obligations under this contract, the debtor and the joint guarantor immediately failed to raise an objection even if they are subject to compulsory execution.

B. D has operated a restaurant from 2007 to 2011 under the trade name of F in the Seo-gu Daejeon building.

(c)

On November 8, 2011, the Defendant applied for compulsory auction against D’s movable property based on the instant process deed, and the auction procedure was completed on January 11, 2012.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Defendant’s obligation against the Defendant, the principal debtor of the instant process deed, is a superior debt, and the period of five years has expired since the Defendant’s completion of compulsory execution from 2012. As such, the Plaintiff’s joint and several surety obligation also expired based on the subsidiary nature of the guaranteed obligation.

2) Although D is a merchant, debt based on the instant fair deed is not arising in relation to the business, and it cannot be viewed as a commercial or auxiliary commercial activity by borrowing money from the Defendant to raise the living expenses of children G regardless of the business. As such, the statute of limitations for commercial matters cannot be applied.

B) Even if a commercial bond is a commercial bond, movable property owned D, which was held on May 11, 2020, after the completion of the statute of limitations.