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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 25, 2011, between the Plaintiff, the Defendant, and D, a notary public had D as an obligor, the Defendant, the obligee, and the Plaintiff as a joint and several surety, and the notary public prepared a money loan loan contract notarial deed (hereinafter “notarial deed of this case”) with the following content as a document No. 362 of 2011 as a joint and several surety (hereinafter “instant loan”).
Article 1 (Purpose) On February 19, 2010, the creditor lent the old 0 million won (90,000,000) to the debtor and the debtor borrowed it.
Article 2 (Period and Method of Repayment) Debtors shall make a lump sum repayment to the creditor on April 25, 2011 at the time of the repayment of the borrowed money under the preceding Article.
Article 3 (Interest) Any interest shall be deemed nonexistent.
Article 4 (Place of Performance) The place of performance of the obligation shall be the address of the obligee.
When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 30% per annum on the delayed principal or interest.
Section 8 (Joint Guarantee) of 6 and Article 7 omitted. ① The surety guaranteed the debtor's obligation under this contract and agreed to jointly and severally with the debtor to perform the obligation.
(2) The maximum amount of the surety's guarantee debt shall be the sale0 million won.
(3) The guarantee period shall expire on the repayment of the debt.
Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.
B. The Plaintiff paid KRW 7,479,00 in total to April 21, 201, and KRW 38,510,750 in total to the Defendant by means of account transfer, etc. from April 28, 2011 to June 1, 2017, as shown in the attached Form.
C. D paid KRW 37,154,00 in total from March 1, 2010 to January 25, 201 as indicated in the attached Form, and KRW 76,640,039 in total, from April 26, 201 to June 12, 2017, to the Defendant by means of account transfer, etc. or by collecting money.