청구이의
1. The defendant's order for payment of loans against the defendant's plaintiff is issued in the case of loans 2012 tea 436, which was decided by the Gangseo branch court of the Chuncheon District Court.
1. Basic facts
A. On May 20, 199, the Defendant received from the Plaintiff’s mother C a certificate of loan (hereinafter “the certificate of loan in this case”) with the Plaintiff’s Plaintiff, a joint guarantor C, and a loan amount of KRW 100 million.
B. After that, based on the loan certificate of this case, the Defendant filed an application for provisional seizure against the Plaintiff with the Chuncheon District Court Decision 2008Kadan275, and received a decision to accept it on February 13, 2008, and the original copy was served on the Plaintiff on April 12, 2008 by public notice.
C. In addition, the Defendant filed an application against the Plaintiff for payment order claiming the Plaintiff for the payment of the loan of KRW 100 million and its delay damages with the Gangseo-si District Court 201j436, and the payment order was issued on December 28, 2012 (hereinafter “instant payment order”).
The original copy of the instant payment order was served as C’s residence and as D in Tong-gu, Dong-si, the Plaintiff’s domicile on the loan certificate of this case, and C received it on January 29, 2013.
After that, the Defendant filed an application for a compulsory auction against the Plaintiff for a real estate auction with the Changwon District Court through the Changwon District Court, and on February 12, 2018, the original copy of the decision to commence the auction was served on the Plaintiff himself.
[Ground of recognition] Facts without dispute, significant facts, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1, 4 and 5 (including each number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion 1 of the parties did not sign or affix his seal on the loan certificate of this case, and the above loan certificate was forged by the defendant, who is the mother of the plaintiff.
Even if the loan certificate in the name of the Plaintiff was drawn up by the Plaintiff’s mother C
Even if the plaintiff did not confer the power of representation on the preparation or declaration of intention to C.
Therefore, the Plaintiff’s monetary payment obligation against the Defendant following the loan certificate of this case does not exist, and the payment order of this case is based on the payment order of this case.