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(영문) 서울북부지방법원 2018.11.06 2017가단16089

채무부존재확인등

Text

1. The defendant's notary public against the plaintiff is a monetary loan agreement of 578 of 2007.

Reasons

1. Basic facts

A. The plaintiff is C's child.

B. On May 31, 2007, the Defendant sent the Plaintiff’s certificate and seal to the Plaintiff’s agent on behalf of the Plaintiff, and paid the obligor “C”, “50,000,000 won per day”, “10,000,000 won per day”, and the method of payment from June 30, 2007.

7. By the 30th day of each month repayment of KRW 5,000,000 each twice every month;

8. The repayment of KRW 2,00,000 each five times on the 30th day of each month from 30th day to 30 December, 2008, the repayment of KRW 10,000,000 on January 13, 2008, and the repayment of KRW 15th day from February 15, 2008.

6. By the 15th day of each month, each installment payment of 2,00,000 won and damages for delay shall be 24% per annum, and a notary public of a money loan contract with a joint and several surety as "Plaintiff" shall be the notarial deed of this case, "No. 578, 2007 No. 578, hereinafter the "notarial deed of this case".

was drawn up.

C. In the notarial deed of this case, the notarial deed of this case contains the plaintiff's name and address in the delegating column, and the plaintiff's seal impression is affixed next to the notarial deed of this case "the proxy of this case".

[The facts that there is no dispute over the grounds for recognition, entry of Gap evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff did not delegate the preparation of the notarial deed of this case to others, and the proxy of this case was not prepared and delivered.

In addition, C's loan obligation is null and void in accordance with Article 103 of the Civil Code, since the defendant extended gambling money from gambling to C.

Thus, the notarial deed of this case is null and void, which does not affect the plaintiff. The plaintiff sought non-permission of compulsory execution based on the notarial deed of this case, and at the same time filed the lawsuit of this case to seek confirmation of non-existence of the debt indicated on the notarial deed.

B. As to the notarial deed of this case, the power of attorney in this case is attached to the notarial deed of this case that the plaintiff delegates C with the authority to prepare the notarial deed.

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