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(영문) 서울중앙지방법원 2016.07.13 2015가단107371

청구이의

Text

1. Certificates No. 409, 2014, drawn up on September 19, 2014 by the Defendant’s law firm against the Plaintiff.

Reasons

1. Basic facts

A. From March 2014, a person living together with the Plaintiff borrowed money from the Defendant who engages in credit business with the trade name “D” and was liable for the borrowed money by borrowing the money to take handphones as security on several occasions.

B. On September 19, 2014, a law firm C and the obligee jointly and severally liable for the Plaintiff’s agent on September 19, 2014, with the commission of C and the Defendant, the obligee, the notarial deeds of monetary loan contract with the following contents (hereinafter “notarial deeds of this case”).

(1) Article 2 (Period of Payment and Method of Payment) of the Act provides that “The obligee shall pay interest at the rate of 25% per annum to the obligee on September 19, 2014.” Article 1 (Purpose) of the Act provides that “The obligor shall pay interest at the rate of 25% per annum to the obligor at the end of December 31, 2014.” Article 3 (Interest) of the Act provides that “The obligor shall pay interest at the rate of 25% per annum to the obligee shall pay the principal or interest.” Article 9 (Recognition of Compulsory Execution) of the Act provides that “When the obligor and the surety fail to perform their monetary obligations under this Agreement, the obligor shall immediately be subject to compulsory execution, and that there is no objection.”

2. Assertion and determination

A. The plaintiff asserts that the plaintiff does not delegate C the authority to commission C to prepare the notarial deed of this case. Thus, the notarial deed of this case is null and void, and thus compulsory execution based on the notarial deed of this case should not be allowed.

The defendant has the authority to entrust C with the preparation of the notarial deed of this case.