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(영문) 서울동부지방법원 2019.10.17 2018가합107877

청구이의

Text

1. Certificates No. 626, 2012, written by the Defendant’s notary public against the Plaintiffs, Law Firm E, July 12, 2012.

Reasons

1. Basic facts

A. Plaintiff A is the spouse of F, and Plaintiff B and C are F’s children, and the Defendant is F’s creditor.

B. The Defendant lent money to F over several occasions from around 2007 to around 2012, and around July 2012, the Defendant’s total amount of KRW 300,000,000 on the Defendant’s loans to F.

(hereinafter “instant loan”). C.

On July 12, 2012, F obtained each other’s certificate of personal seal impression using the Plaintiffs’ identification card and seal impression as proxy, and then visited the office E of the law firm with the Defendant, and made a proxy letter of delegation in the Plaintiffs’ name (hereinafter “instant proxy letter”) with the Defendant. The Plaintiffs’ proxy commission the law firm as proxy, “F shall be KRW 300,000,000 per annum 18% per annum from the Defendant on January 29, 2012, and shall be 24% per annum from the due date, May 30, 2013, and delay damages. The Plaintiffs jointly and severally guaranteed the above F’s debt, and if F and the Plaintiffs fail to repay the above debt, they shall immediately be subject to compulsory execution.”

Law Firm E prepared the No. 626 of this case’s No. 2012, and notified the plaintiffs on the same day.

E. On June 1, 2016, the Defendant received a seizure and collection order of KRW 300,000,000 (Seoul Eastern District Court 2016TTTT5493) regarding the wage claim held by Defendant B against G based on the instant authentic deed, and collected KRW 89,769,771 in total from June 30, 2016 to June 29, 2018, and appropriated it for the repayment of the instant loan claim.

F. Meanwhile, on January 31, 2018, the Plaintiffs asserted that, although F had not been delegated by the Plaintiffs with respect to the joint and several guarantee agreement and the preparation of the instant notarial deed, the Plaintiffs forged the instant power of attorney in the names of the Plaintiffs and entrusted F with the preparation of a false notarial deed.