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(영문) 서울고등법원 2016.05.11 2016나2005687

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The creditor, on November 16, 2005, lent a loan to the debtor with a view to the fact that it was recognized, and the debtor borrowed it.

Article 2 (Time-Limit and Method of Performance) The payment shall be made in installments on December 30, 2005, in a sum equal to three million won as of the end of each month from January 2006 to December 201, respectively.

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.

Article 9 (Recognition and Recognition of Compulsory Execution) When a debtor and a joint guarantor's agent fail to perform a pecuniary obligation under this contract, they shall recognize and admit that there is no objection even if compulsory execution has been effected immediately.

C The representative of the plaintiff debtor joint and several sureties C of the defendant debtor C

A. On November 16, 2005, the Defendant’s agent D, the Plaintiff’s father E, and C prepared the instant notarial deed at the new law firm office with the following contents:

B. At the time of the preparation of the instant authentic deed, C had the power of representation in the name of the Plaintiff, the Plaintiff’s seal imprint certificate, and the Plaintiff’s certificate of personal seal impression issued by proxy.

Plaintiff 3,000,000 won on February 1, 2006, which was KRW 3,000,000 on March 2, 2006, and KRW 3,000,000 on April 14, 2006, Plaintiff 3,000,000 on June 13, 2006, and KRW 3,000,000 on August 1, 2006, KRW 3,00,000 on August 1, 2006, and KRW 3,00,000 on October 12, 2006. < Amended by Act No. 8535, Feb. 7, 2007>

C. After the preparation of the instant notarial deed, a total of KRW 21,00,000 was paid to the account in the name of the defendant NongHyup Bank under the pretext of the repayment of loans based on the instant notarial deed as follows.

The Defendant applied for the order of seizure and collection based on the instant authentic deed, and received the order of seizure and collection from November 2008 to November 201, 201 after collecting the Plaintiff’s wage claim.

[Ground for Recognition] Unsatisfy, Gap, A.