Text
1. A deed of 2017 drawn up by the Defendant’s notary public against the Plaintiff on November 30, 2017, in the correct length of the law firm (with limited liability).
Reasons
1. Basic facts
A. On July 21, 2017, the Plaintiff submitted a credit guarantee certificate from the Korea Credit Guarantee Fund and borrowed KRW 250 million from the National Bank. At the time, the Defendant, the representative director of the Plaintiff, was jointly and severally liable for the Plaintiff’s indemnity liability to the Korea Credit Guarantee Fund.
B. On October 10, 2017, the Defendant resigned from the Plaintiff’s representative director and changed the Plaintiff to be exempted from the joint and several debt obligations under the said paragraph. Accordingly, on November 30, 2017, in order to guarantee the Defendant’s right of reimbursement for the performance of the joint and several debt obligations, the Plaintiff prepared and executed a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) with a law firm Barun-ro 2017, No. 1665, a loan amount of KRW 250,000,000, and the due date of payment as of January 31, 2018.
C. On April 19, 2018, the Plaintiff filed an application with the Gwangju District Court 2018Kamin69, seeking suspension of compulsory execution based on the instant notarial deed. On April 24, 2018, the said court accepted the Plaintiff’s application and rendered a decision to suspend compulsory execution based on the instant notarial deed until the instant judgment is pronounced.
On May 9, 2018, the Plaintiff fully repaid KRW 250 million borrowed from a national bank.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 9, 10, 13, and 14, and the purport of the whole pleadings
2. According to the above facts of recognition, the plaintiff only issued the notarial deed in order to guarantee the defendant's right to indemnity following the defendant's performance of joint and several liability, and as seen earlier, the plaintiff paid the full amount of the loan to the National Bank on May 9, 2018, thereby releasing the defendant from the defendant's joint and several liability, and accordingly, the defendant's right to indemnity against the plaintiff is no longer likely to occur. Thus, all obligations owed by the plaintiff according to the notarial deed in this case are extinguished.
3. The plaintiff's claim is reasonable and acceptable.