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(영문) 서울서부지방법원 2017.08.17 2016가합34533

청구이의

Text

1. A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff in the year 2010.

Reasons

1. Facts of recognition;

A. On August 5, 2004, C, the Plaintiff’s mother, borrowed interest of KRW 150 million from the Defendant as 2.7 million (payment on the fiveth day of each month) and due date on February 28, 2005. On the same day, the Plaintiff and C, a notary public, who is the Defendant’s obligee, drafted a notarial deed of money consumption loan contract (No. 994) with the law firm’s freedom.

B. On December 24, 2010, C issued a promissory note (hereinafter “instant promissory note”) as of February 24, 201, which is KRW 300 million on the part of the Plaintiff and C as the issuer, and on the payment date, February 24, 2011, as to the instant promissory note (hereinafter “instant promissory note”). A notary public drafted a notarial deed (hereinafter “instant notarial deed”) No. 428, 2010 on the said promissory note (hereinafter “instant notarial deed”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 13, 14, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. As the notarial deed of this case was prepared by Plaintiff C without obtaining the power of representation from Plaintiff, it is not effective as an executive title against Plaintiff. Moreover, since the period of extinctive prescription under the Promissory Notes Act has expired, compulsory execution based on the notarial deed of this case shall be rejected.

B. Defendant C has prepared the instant Notarial Deed with the power of representation granted by the Plaintiff. The instant Notarial Deed is valid against the Plaintiff, and the Plaintiff is liable to pay KRW 300 million to the Defendant as a promissory note issuer, and the Plaintiff also issued the Promissory Notes with knowledge that the Defendant’s obligation to borrow KRW 150 million against the Defendant was included in the loan obligation of KRW 300 million as of August 5, 2004, and thus, Defendant C has approved the loan obligation of KRW 150 million as of August 5, 2004, or is liable to pay the civil liability by issuing the Promissory Notes.

Therefore, the defendant is obliged to pay KRW 300 million.

3. Main offices and.

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