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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Comprehensively taking account of the overall purport of pleadings as to the statements in Evidence A Nos. 1 and 2 as a whole, D approves that the Defendant is liable for KRW 8,680,000 on March 24, 2018 as a notary public C’s C’s C’s certificate of 2018, and the Defendant is liable for KRW 1,240,000 on seven occasions from June 20 to December 20, 2018, and the Plaintiff is liable for KRW 8,680,000 on seven occasions each month from June 20 to December 20, 2018. The Plaintiff is jointly and severally liable for the debt within the maximum amount of KRW 8,680,000 during the guarantee period of ten years. When the debtor and joint guarantor fail to perform the obligation, D may immediately prepare and apply a notarial deed (hereinafter “notarial deed”) at the domicile of the Plaintiff and the Defendant’s respective notarial movables for non-performance of the obligation.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion D drafted the instant notarial deed with the agreement that the Defendant joined the fraternity as the owner and paid the fraternity, and then withdrawn from the fraternity, and received a refund of the deposit amount, and that the Defendant paid the deposit amount of KRW 8,680,000 to the Defendant in installments.
On the other hand, the limit operated by the defendant is a kind of partnership relationship, and as long as D withdraws, the deposit amount paid by D and the deposit amount received by D should be offset. Therefore, there is no obligation based on the notarial deed of this case.
Even if it is not so, the defendant has a number of money transactions between D and D as well as several accounts, and if it is settled, the obligation based on the Notarial Deed does not remain.
B. There is no evidence to acknowledge the facts alleged by the Plaintiff regarding the instant case.
In addition, the purport of the plaintiff's first assertion is that D pays the entire accounts from the defendant.