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1. The plaintiff's main claim is dismissed.
2. As to the real estate stated in the separate sheet between the defendant and D, April 2016.
Reasons
1. Basic facts
A. On January 8, 2016, the Plaintiff, the F Co., Ltd. (Co-representative D, G), D, and G drafted a fair deed containing the following major contents (hereinafter “instant notarial deed”).
Article 1 (Cause of Debt) of the Notarial Deed of Performance (Quasi-Loan for Consumption) Agreement, as a sublime that the obligee (as referred to the Plaintiff; hereinafter the same shall apply) bears the following obligations against the obligee (as referred to the Plaintiff; hereinafter the same shall apply) and that the obligee has accepted the obligation under this Agreement.
The amount of 400,000,000 won which is payable by the debtor to the creditor shall be paid by January 31, 2016.
Article 3 (Interest) No interest shall be paid to the creditor at the rate of 20% per annum to the delayed amount if the debtor delays the repayment of the above amount.
Article 6 (Loss of Maturity) If an obligor delays the payment of interest and obligation at any time, the obligor shall, as a matter of course, lose the benefit within the time limit for the obligation and shall immediately repay all the remainder of the obligation, even if there is no other notification or demand from the obligee.
Article 8 (Joint Guarantee)
1. The surety (referring to D and G; hereinafter the same shall apply) has agreed to guarantee the debtor's obligation under this Agreement and to discharge the debtor's obligation jointly with the debtor.
2. The maximum amount of the surety’s guarantee liability is KRW 400,000,000, respectively.
(D-400,000,000 won, G-400,000,000). 3. The duration of the surety obligation shall be ten years.
B. On April 15, 2016, D entered into a contract with the Defendant to establish a right to collateral security (hereinafter referred to as the “mortgage”) with respect to the real estate listed in paragraph (1) of the order of its own possession (hereinafter “instant apartment”) with regard to “the maximum amount of claims: 120,000,000,000 won,” “debtor: D”; and on April 25, 2016, a right to collateral security (hereinafter referred to as the “mortgage”) with regard to the Defendant.