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1.The judgment of the first instance shall be modified as follows:
A notary public of the defendant against the plaintiff.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be acknowledged in full view of the overall purport of the pleadings in Gap evidence Nos. 1, 2, 5 through 7, 10, 12, 18, 19, Eul evidence Nos. 2, 3, 7, 8, 11, 14, 18 through 20 (including additional numbers).
(1) On January 6, 2005, the Plaintiff borrowed 6,000,000 won from the Defendant as the primary debtor at the interest rate of 66% per annum, and the Plaintiff borrowed 66% per annum (hereinafter “the instant loan obligation”), and C jointly and severally guaranteed the above loan obligation.
(2) On September 22, 2006, the Defendant, under the joint and several guarantee of C, drafted a notarial deed stating that a notary public borrowed KRW 6,00,000,000 on June 5, 2006 at the maturity of payment on September 5, 2006, and that the Plaintiff borrowed at the maturity of payment on September 5, 2006, at the rate of interest and delay damages rate of KRW 66% each year, and the declaration of intent to recognize compulsory execution at the time of default (hereinafter “notarial deed of this case”).
(3) On May 21, 2013 on the basis of the instant notarial deed, the Defendant: (a) as the debtor; (b) as the garnishee, the Nonghyup Bank Co., Ltd. was issued a collection order for the seizure and collection of claims under the Jeonju District Court Branch of 2013TTTB2863; (c) withdrawn the application and rescinded the execution on June 4, 2013; and (d) again, on June 5, 2013, the Plaintiff was the debtor; and (c) as the third debtor, the Dongsan Agricultural Cooperative was issued a collection order for the seizure and collection of claims under the Jeonju District Court Branch of 2013TTB3207.
B. On October 18, 2004, 66% per annum of 3,900,000 on April 17, 2005, and 66% per annum of 66% per annum of 3,900,000 on April 17, 2005, and 66% per annum of 66% per annum of 26,600,000 on August 16, 2005, 30% per annum of 30% per annum of 30% per annum of 30% per annum of 2,60,000,000 on April 16, 2007, and 630% per annum of 630% per annum of 2,90,000 on September 23, 205, 2007, with respect to the obligation of joint and several surety by the Plaintiff.