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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is the victim of the case in Seoul Central District Court Decision 2004Da3957, 4687, and 5475 (merged), and Defendant B is the Defendant of the case, and Defendant C and D are the parents of Defendant B.
B. On March 9, 2005, Defendant B issued to the Plaintiff a note of KRW 20,000 at par value, KRW 20,000,00 on March 31, 2006, Defendant D, a joint and several surety, KRW 20,000 at face value, KRW 20,000 at face value, and KRW 31,00 on March 31, 2008, and KRW 1,000 at face value, which is joint and several surety, Defendant D, and one Promissory Notes (hereinafter collectively referred to as “each Promissory Notes”).
C. On March 10, 2005, the Defendants entrusted a law firm with the preparation of a notarial deed to the effect that “when delay in the payment of each of the Promissory Notes in this case, no objection is raised even if compulsory execution is being effected immediately,” and delivered it to the Plaintiff after receiving the notarial deed of each of the Promissory Notes No. 209 and No. 210 on 2005.
Around that time, the Plaintiff drafted an agreement with the appellate court of the above fraud case (Seoul High Court 2005No205) that “The Plaintiff received KRW 10,000,000 from Defendant C and D on March 9, 2005, and received KRW 10,000 from Defendant C and D on March 31, 2006 and March 31, 2008, respectively, and received promissory notes that receive KRW 20,000,000, and does not want to be punished by Defendant B.”
E. On April 14, 2015, the Plaintiff was rendered a favorable judgment with the purport that “the Defendant shall jointly and severally pay to the Plaintiff 20,000,000 won and the amount calculated at the rate of 20% per annum from March 28, 2015 to the date of full payment” filed against the Defendants based on each of the instant promissory Notes, and that “the Defendant shall jointly and severally pay to the Plaintiff 20,000,000 won and the amount calculated at the rate of 20% per annum from March 28, 2015 to the date of full payment.” On April 14, 2015, the Suwon District Court rendered a favorable judgment with the purport that “the Defendant shall jointly and severally pay to the Plaintiff 20,000,000 won and the amount calculated at the rate of 20% per annum from March 28, 2015 to the date of full payment.” The above judgment became final and conclusive as is.
Each of the above.