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(영문) 춘천지방법원 원주지원 2018.06.21 2017가단36467

청구이의

Text

1. The Defendant’s notary public against the Plaintiff has the executive force of 2015 No. 162.

Reasons

1. recognised basic facts;

A. On March 9, 2015, Nonparty C borrowed KRW 28,424,00 from the Defendant on or around March 9, 2015, the notarial deed as stated in paragraph (1) of this Article (hereinafter “notarial deed”). The Plaintiff and the Defendant jointly and severally guaranteed the above loan obligation amounting to KRW 50,00,000 with the Defendant, and the Plaintiff and others fail to perform the above obligation, the notarial deed as stated in paragraph (1) of this Article stated an expression of intent of the executor acceptance that there is no objection even if compulsory execution was conducted immediately.

B. The Plaintiff did not attend at the time of commissioning the preparation of the instant notarial deed, and the said notarial deed stated C to the effect that it is a joint guarantor A’s agent.

C. The Plaintiff-friendly C had the Plaintiff’s identification card and certificate of personal seal at the time to commission the preparation of the above notarial deed.

[Ground of recognition] Unsatisfy, entry of Gap 1, 3, and 6 evidence, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is Nonparty C (after name: E; hereinafter “C”).

(2) On the other hand, the Plaintiff’s assertion that the said notarial deed is null and void because, without any authority, without any authority of representation, entered the Plaintiff as a joint guarantor for the Defendant’s loan obligation to the Defendant, and commissioned the Defendant to prepare the said notarial deed. (2) The Defendant’s assertion that, through Nonparty C, his mother Nonparty C, the Plaintiff requested the Defendant and Nonparty F, who is his mother Nonparty F, to lend money to the Defendant and the Defendant for the purpose of funds for the repayment of loans and the construction of a new building to the South Wonwon Agricultural Cooperative (hereinafter “Seoul National Agricultural Cooperative”), and even at the time of commissioning the preparation of the notarial deed, the Plaintiff granted all the rights of representation to C, such as the certificate of personal seal impression and identification card issued by the Plaintiff.

B. The burden of proving that there is a power of attorney to prepare the judgment notarial deed has its effect.