청구이의
1. Certificate No. 27, 2016 by the Defendant’s notary public against the Plaintiff was signed by the Daejeon Law Office.
1. On March 9, 2015, a creditor under Article 1 (Purpose) of the Basic Facts lent KRW 40,000,000 to the debtor, and the debtor borrowed it.
Article 2 (Period and Method of Payment) The foregoing money shall be paid in lump sum by March 15, 2016.
Article 3 (Interest) Interest shall be paid at the rate of 25% per annum on the above amount on the 28th day of each month.
Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.
The amount of the surety's debt is 49,000,000 won.
The term of guarantee obligations shall be until March 9, 2026.
Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor, a joint guarantor, etc. fail to perform a pecuniary obligation under this contract, they shall immediately consent that no objection has been raised even if compulsory execution has been effected.
The Defendant lent KRW 40,00,000 to the Plaintiff’s father C, and on March 29, 2016, the Defendant: (a) on the part of the Plaintiff, on the part of the Plaintiff C, the Defendant, the obligor, and the Plaintiff as joint and several sureties, a notary public drafted, at the Daejeon Law Office of Daejeon, a notarial deed of monetary consumer loan contract with the following content (hereinafter “notarial deed of this case”).
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, 6, Eul evidence 1 (including additional statements) and the purport of the whole pleadings
2. The parties' assertion
A. Of the notarial deeds of this case, even though the Plaintiff did not grant the right of representation for the preparation of the notarial deed of this case to C, it is not effective that C voluntarily entrusted the preparation of the notarial deed of this case to C after the death of the Plaintiff.
Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.
B. The notarial deed of this case by the defendant is valid as being made by C’s commission, which conferred the power of representation from the plaintiff.
3. Recognition and recognition of execution, which allows judgment notarial deeds to have executory power as executive titles.