Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C, on December 23, 2008, borrowed KRW 700 million from D with the Plaintiff’s joint and several sureties, and on the same day, a notary public drafted a notarial deed under a monetary loan agreement with the Seowon Law Firm 2008 (hereinafter “No. 1 notarial deed of this case”).
B. After that, on September 6, 2012, C, a notary public, stating that he borrowed KRW 1 billion from the Defendant from the Defendant, who is the husband of D, drafted a notarial deed of a monetary loan agreement No. 2041 of the Seocho-gu Law Firm 2012 (hereinafter “No. 2 notarial deed of this case”).
C. D On July 5, 2013, the status D as C
after the transfer to the defendant of the loan claim described in subsection (1).
9.2. He completed the notification of transfer to C.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. Summary of the Plaintiff’s assertion No. 1-A
No. 1-B. 700 million won in the borrowed amount stated in the subsection.
No. 2 of this case has been prepared with the increase of KRW 1 billion as described in the paragraph, and at the time the defendant and C shall be the first-A.
Section 1(b) is extinguished by any obligation under a cash loan agreement as described in this subsection.
In addition to concluding a new loan for consumption as described in paragraph (1), the Plaintiff, who was a joint guarantor on the No. 1 of this case, was exempted from the Plaintiff’s joint and several liability for D (hereinafter “joint and several liability”).
Nevertheless, it should be rejected as it constitutes a compulsory execution after the extinguishment of a claim, where the defendant acquiring D's loan claim against D is in possession of the No. 1 notarial deed of this case.
B. According to each of the statements in the evidence Nos. 1 and 2, the debt amount of each of the notarial deeds Nos. 1 and 2 of this case is different from KRW 700 million, and the creditor is also the husband of this case, respectively.