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(영문) 서울남부지방법원 2015.02.11 2014가단29340

청구이의

Text

1. The Defendant’s notary public against the Plaintiff is Multilatera Law Firm, 201, No. 1098, Sept. 29, 2011.

Reasons

1. As of September 29, 201, a notary public, including the fact that “the Plaintiff borrowed KRW 5 million from each Defendant on September 23, 2010 with a maturity of KRW 30% per annum and interest on October 23, 2011, and in the event that the Plaintiff fails to perform the above obligation, it shall be acknowledged that there is no objection even if compulsory execution was conducted immediately,” was written by the No. 1098 of the CBC No. 2011 (hereinafter “instant No. notarial deed”). Based on the instant notarial deed, the Defendant applied for a seizure and collection order against the Plaintiff’s non-party D2 column 3, Yangcheon-gu Seoul District Court Decision 2011TBD29528,” and the purport that the Defendant issued the above notarial deed is not disputed between the parties as of November 28, 201 and the entire notarial deed as of November 28, 2011.

2. The Plaintiff asserts that the notarial deed of this case was made without the power of representation against the Plaintiff’s will and is null and void. Thus, the Defendant took part in the proxy certificate (No. 3) dated September 29, 201, stating that “the Plaintiff shall delegate all the authority regarding the preparation of the notarial deed of this case to the Defendant,” and a certificate of personal seal impression (No. 5) directly issued by the Plaintiff himself as of September 28, 2011. The Defendant alone appeared in the above law firm and prepared the notarial deed of this case as “debtor and creditor,” and the above letter of delegation (No. 3) column was written by the Defendant, not the Plaintiff, but the Plaintiff, and the Defendant did not directly affix the Plaintiff’s seal in the Plaintiff’s seal imprint column, and the Defendant asserted that Nonparty E, a witness, brought the Plaintiff’s seal imprint and affixed it directly on the said letter of delegation. The above notarial deed present as a witness at this court is not an memory.