beta
(영문) 청주지방법원 2015.04.02 2015가단69

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is an executory deed No. 479, No. 2014.

Reasons

1. Facts of recognition;

A. On June 20, 2014, C, the Plaintiff’s mother, entered the amount in the proxy form as KRW 12,000 (12,00,000), June 20, 2014, the date of borrowing, as of July 20, 2014, 20, interest rate of KRW 25% per annum, delay delay damages, 30%, and 30% in the obligee and the mandatory column, with the Defendant and the obligor column, written the Plaintiff’s letter of delegation (hereinafter “instant proxy form”) affixed with the Plaintiff’s certificate of personal seal impression, and issued it to the Defendant along with the Plaintiff’s certificate.

B. After that, on June 20, 2014, the Defendant entrusted a notary public with the preparation of a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “In the case where the debtor fails to perform his/her monetary obligation under the contract of this case, he/she shall immediately be subject to compulsory execution, he/she shall be subject to compulsory execution, and shall not be subject to objection” (hereinafter “notarial deed of this case”) by designating and lending KRW 12,00,000 to C on June 20, 2014 as interest rate of KRW 25% per annum, and due date.

C. On November 5, 2014, based on the authentic copy of the instant notarial deed, the Defendant was issued a seizure and collection order as to each of the current and future deposit claims by the Plaintiff against the Republic of Korea, the Nonghyup Bank, the Nonghyup Bank, the New Bank, the Korean National Bank, the Industrial Bank, the Industrial Bank of Korea, the Han Bank, and the Korean Bank.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion did not confer the authority to commission the Defendant to prepare the instant authentic deed, the Plaintiff’s mother, using the Plaintiff’s seal impression book and identification card, shall be able to do so.