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(영문) 서울남부지방법원 2015.12.10 2015가합101369

청구이의

Text

1. The defendant's notary public against the plaintiff is based on the No. 1780, 2005 No. 1780, a new era of law firm.

Reasons

The gist of the plaintiff's assertion is that although the plaintiff did not grant C the power of attorney to prepare the Notarial Deed as stated in Paragraph (1) of the Disposition (hereinafter "Notarial Deed of this case"), C voluntarily entrusted C to prepare the Notarial Deed of this case, the Notarial Deed of this case has no effect, and compulsory execution based thereon has to be rejected.

The purport of the defendant's assertion is that the notarial deed of this case was made by C with the delegation granted by the plaintiff, and thus valid.

Even if the Notarial Deed was prepared by C’s unauthorized Representation, the Plaintiff ratified the act of unauthorized Representation by failing to object to the execution based on the Notarial Deed.

On November 16, 2005, the defendant's agent D and the non-party E (the father of the plaintiff), and the plaintiff's agent C prepared the notarial deed of this case at the new office of the new law firm era as follows.

On November 16, 2005, Article 1 (Purpose) The creditor lent to the debtor a loan to the debtor with the fact that the amount of gold-gu million won has been paid.

Article 2 (Period and Method of Payment) The repayment shall be made in installments on December 30, 2005, and the payment shall be made in installments from January 2006 to December 2010, respectively.

Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.

Article 9 (Recognition and Recognition of Compulsory Execution) When a debtor and a joint guarantor fail to perform a pecuniary obligation under this contract, a debtor and an agent of a joint guarantor recognize that they have no objection even if they are subject to compulsory execution.

The fact that there is no dispute about C's representative of the plaintiff debtor joint and several sureties, the joint and several sureties of the plaintiff debtor debtor debtor Eul, C's representative of the defendant creditor's creditor, Gap's evidence Nos. 1 and 3, witness D and C's testimony, and the whole purport of the pleadings, the judgment notarial deed is made as to