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(영문) 부산지방법원 2016.12.28 2016나5693

청구이의

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that on June 25, 2014, a notary public prepared a notarial deed stating that “the Plaintiff has a debt against the Defendant on June 25, 2014, 55,00 won borrowed on June 25, 2014, 15% of the interest rate for delay, 15% of the interest rate for delay, and as of October 31, 2014,” at the commission of the Plaintiff’s father C referred to as the agent of the Plaintiff, and the Defendant’s commission (hereinafter “instant notarial deed”) was signed by the parties concerned.

2. Judgment on the parties' arguments

A. 1) The plaintiff asserts that the notarial deed of this case was made by the commission of C, which does not have a legitimate authority to act on behalf of the plaintiff, and thus is null and void against the plaintiff. 2) The defendant asserts that the notarial deed of this case is valid against the plaintiff, since C has entrusted the preparation of the notarial deed of this case as a legitimate representative of the plaintiff.

B. In full view of the records as follows: Gap 1, Gap 1, 2, 3, 6, 7, Eul 1, 3, 6, 7, Eul 1, 3, 5, and 6, Eul 1, 3, 5, and 6, and Eul 1, 3, 5, and 6's testimony as to the law firm Dong of the court of first instance, and the fact inquiry results as to the head of the court of first instance as to the law firm Dong of the court of first instance, and the whole purport of oral argument, Eul used the plaintiff's name in trading with other parties including the defendant as a bad credit holder. Eul was holding the plaintiff's seal impression design and a certificate of personal seal impression at the time of commissioning the preparation of the notarial deed of this case; C, using the plaintiff's seal imprint certificate of this case, prepared a power of attorney in the plaintiff's name, and C entrusted the preparation of the notarial deed of this case with the above power of attorney and the plaintiff's certificate of personal seal.

The above facts recognized and the pleading of this case can be known.