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1. The Plaintiff:
A. Defendant B shall have full payment of KRW 53,100,000 and KRW 38,100,000 among them from August 4, 2008.
Reasons
1. The following facts may be acknowledged in full view of each of the statements in Gap evidence 1, 2, 5, 6, 7, and Eul evidence 1-1 to 5, Eul evidence 2, 3, and 4, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:
On March 4, 2008, at the D's law office, a notary public representing the plaintiff and the defendant C who is a joint and several surety with the plaintiff and the debtor at the D's office, a notarial deed of money loan contract for security of collateral security (hereinafter referred to as the "notarial deed of this case") with the purport that the plaintiff shall be the creditor, the debtor, the defendant C and E as joint and several surety and the defendant B shall have 47,60,000 won from the plaintiff under the joint and several surety between the defendant C and E, until October 4, 2008, and that the payment period shall be 30% per annum.
B. On March 4, 2008, on the day when the No. 1 No. 1 No. 1 notarial deed of this case was prepared, KRW 18,000,000 was remitted to the Defendant B’s account. Defendant B remitted KRW 1,00,000 to the account in the name of F, and KRW 1,80,000 on April 10, 2008, respectively.
C. On August 7, 2008, at the D law office, a notary public appointed the Plaintiff at the commission of the Plaintiff as a creditor, Defendant B, and Defendant C as a joint and several surety, and approved that Defendant B bears the Plaintiff’s obligation to the Plaintiff as the creditor, Defendant B, and Defendant C as a joint and several surety on August 15, 2018, and that the payment shall be made by September 30, 2008, and the interest rate shall be 12% per annum and that Defendant C jointly and severally performs the above obligation (hereinafter “notarial deed 2”). D. D. The authentic deed of this case was drawn up to the effect that Defendant C shall jointly and severally perform the obligation (hereinafter “notarial deed 2”).
The Plaintiff received KRW 1,00,000 from Defendant B on July 10, 2012, KRW 1,000,000 on September 2, 2014, KRW 500,000 on October 23, 2014, KRW 1,000,000 on February 9, 2015, KRW 1,000,000 on March 25, 2015, KRW 2,000,00 on June 25, 2015, and KRW 3,000,000 on February 20, 2016, and KRW 9,50,000 on a loan principal.
2. Request based on No. 1 notarial deed of this case
A. The parties’ assertion.