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(영문) 서울중앙지방법원 2015.08.19 2015가합501772

청구이의

Text

1. The defendant's notary public against the plaintiff on July 19, 2013 by the defendant's head of the law firm Hoho.

Reasons

1. On July 19, 2013, while representing the Plaintiff and D, a notary public entrusted the preparation of a notarial deed (hereinafter “instant notarial deed”) with the following contents to a law firm citizen, and was prepared by the said law firm on the same day.

On July 19, 2013, Article 1 (Purpose) Creditor (Defendant) lent a loan to the debtor (D) for the purpose of KRW 120,000,000 (Won 120,000) and the debtor borrowed it.

Article 2 (Period and Method of Payment) Of the money above, the sum of Geum Man (Won 50,000,000) shall be repaid up to July 31, 2013 and the sum of Geum Man (Won 70,000,000) shall be repaid up until August 31, 2013.

Article 8 (Joint Guarantee)

1. The guarantor (Plaintiff) has agreed to guarantee the debtor's obligation under this Agreement and to discharge the debtor's obligation jointly with the debtor.

2. The maximum amount of the surety debt of the guarantor shall be the full principal;

3. The period of guarantee obligations shall be until the full payment of principal;

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even if compulsory execution has been enforced.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. The plaintiff's assertion 1) The notarial deed of this case is null and void since it is made by C that has no authority to act on behalf of the plaintiff. Thus, the defendant's assertion 2) The plaintiff, couple, or person D in de facto marital relationship, who has obtained a comprehensive power to act on the disposal, etc. of the property from the plaintiff, granted C the power to act on the preparation of the notarial deed of this case. The notarial deed of this case is legitimate and effective since C was prepared with such authority.

Even if D did not have obtained the power of representation from the plaintiff,

D, however, has the Plaintiff's seal impression and identification card.