공정증서에기한집행에관한청구이의
1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement of No. 4, 2015, which provides the Plaintiff with the law firm freedom written.
1. Basic facts
A. On January 6, 2015, a notary public drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “the creditor shall lend KRW 21 million to the debtor C on December 25, 2014, and the debtor shall borrow it. The plaintiff shall guarantee the debtor’s obligation under this contract and agreed to jointly and severally with the debtor to jointly perform the obligation. In the event the debtor and the joint guarantor fail to perform the obligation under this contract, the creditor shall be immediately recognized that there is no objection even if they are subject to compulsory execution.”
B. The notarial deed of this case was prepared by C, as the Plaintiff’s husband, by entrusting the notarial deed with the Defendant as the Plaintiff’s agent, and the above notarial deed stated that “the power of representation as to the commission was recognized by the power of attorney attached to the Plaintiff’s certificate
C. On July 13, 2017, the Defendant received a seizure and collection order against the Plaintiff’s deposit claim as Seoul Northern District Court 2017TTTT101, based on the instant notarial deed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiff's assertion (1) does not have any joint and several sureties's debt owed to the defendant, and the notarial deed of this case is prepared by C with the plaintiff's seal impression certificate and identification card attached to the plaintiff's seal impression certificate on behalf of the plaintiff and using it. The part of the above notarial deed that the plaintiff's joint and several sureties's debt guaranteed by C is null and void. Thus, the defendant's compulsory execution based on the above notarial deed against the plaintiff should be dismissed
(2) The defendant's assertion that C voluntarily prepares a notarial deed and the plaintiff would make installment payments for the borrowed money despite the absence of any pressure or intimidation by the defendant, and C.