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(영문) 서울중앙지방법원 2019.10.17 2018가단64291
채무부존재확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 22, 2018, the Plaintiff and the Defendant, without interest, leased KRW 9,050,000 to the Plaintiff on October 22, 2018, in a law firm, a notary public, without having interest, at a law firm C. The Plaintiff shall pay the Defendant up to December 22, 2018. The Plaintiff entrusted the preparation of a notarial deed to the effect that “When the obligation under the said contract is not fulfilled, the Plaintiff shall immediately be subject to compulsory execution, and that there is no objection.”

No. 366, 2018, a notary public drafted a notarial deed under a monetary loan agreement to the same effect (hereinafter referred to as “notarial deed of this case”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion did not lend KRW 9,050,000 on the notarial deed of this case from the defendant, and since the plaintiff written the notarial deed of this case by coercion by the defendant, there is no loan obligation under the notarial deed of this case against the defendant.

B. In light of Articles 27, 30, 31, and 38 of the Notary Public Act, which provide that the authenticity of the content of the report shall be guaranteed by the procedures such as confirmation of the client or the agent, certification of the authority of attorney, etc. prior to the preparation of the certificate, the probative value of the document shall be denied without permission, unless there is any evidence to oppose the credibility of the report, and then the fact-finding may be found contrary to its description, in light of Articles 27, 30, 31, and 38 of the Notary Public Act, which provide that the attorney-at-law, who is a member of the joint legal office authorized for notary public or the agent of the joint law office, shall, at the request of the client or the agent.

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