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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On November 25, 2016, the Defendant and D, his/her father and wife, prepared a notarial deed of money loan agreement (hereinafter “notarial deed of this case”) with the following contents at the notary public C office of the Seoul Central District Prosecutors’ Office (hereinafter “Seoul Central Prosecutors’ Office”).
Article 1 (Purpose) On November 25, 2016, the creditor lent to the debtor the gold Huncheon Hun-Ba (86,000,000) Won, and the debtor borrowed it.
Article 2 (Period and Method of Performance) 43,000,000 won on August 10, 2017 and 43,000,000 won on February 10, 2018 shall be paid in installments, respectively.
Article 8 (Joint Guarantee)
1. The surety guaranteed the obligor’s obligations under this Agreement and agreed to jointly and severally with the obligor to pay the obligation.
2. The maximum amount of the surety obligation of the surety is one hundred thousand won.
3. The period of guarantee obligations shall be until February 10, 2028;
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 and recognized that there is no objection even if they are immediately subject to compulsory execution.
The plaintiff joint and several sureties and the debtor D defendant
B. On November 25, 2016, D, at the above notary public C office, drafted a power of attorney (hereinafter “instant power of attorney”) with the Plaintiff’s seal impression and the Plaintiff’s certificate of personal seal impression directly issued on November 23, 2016.
C. The instant notarial deed is accompanied by the letter of delegation and the Plaintiff’s certificate of personal seal impression.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul witness D's testimony and the purport of whole pleading
2. Summary of the parties’ assertion
A. The plaintiff's assertion that D voluntarily entrusted D with the preparation of the notarial deed of this case even though D did not grant the power of attorney to D to prepare the notarial deed of this case. Thus, the notarial deed of this case is null and void.