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(영문) 서울동부지방법원 2015.03.03 2013가단124443

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion B deceiving the Plaintiff as one of its members C, thereby borrowing KRW 35 million from the Plaintiff’s name.

B, on November 15, 2012, the Plaintiff, along with the Defendant’s office, requested the preparation of a notarial deed under a monetary loan agreement (hereinafter “instant notarial deed”) that recognizes compulsory execution of KRW 35 million as to the above borrowed money, and the Defendant’s attorney-at-law in charge of authentication prepared the instant notarial deed and delivered the authentic copy to the Plaintiff, and each certified copy to B who misrepresented C, respectively.

In order for a notary public to prepare a deed, the defendant shall know the name and face of the client in order to prepare the deed.

(2) If a notary public becomes aware of the name or face of a client, he/she shall have the client prove that he/she is the client by any of the following methods:

Provided, That if a client is a foreigner, he/she may certify that the client is a foreigner with a passport or a certificate issued by the consul of his/her home country in the Republic of Korea.

1. Having any resident registration certificate or other certificate issued by a competent administrative agency submit a photograph attached thereto;

2. If a notary public has two witnesses who know the name and face of a client prove that he/she is the client himself/herself;

3. Otherwise, when a notary public under Articles 34 and 34 of the same Act has the duty to verify the identity of the parties according to a certain method corresponding to the methods referred to in subparagraphs 1 and 2, he/she shall state his/her statement, facts he/she has observed, other facts of actual experience and experience in preparing a deed.

In preparing a deed in accordance with this, even though B and C have a duty to record the statements heard, facts of witness and other facts of experience and to prepare a notarial deed consistent with objective facts, it is minimum through comparison of resident registration certificates with photographs as to whether B and C are the same person.