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(영문) 인천지방법원 2017.07.14 2015가단48879
대여금
Text

1. The defendant shall pay 90 million won to the plaintiff and 24% per annum from May 1, 2006 to the day of complete payment.

Reasons

In addition, in light of Articles 27, 30, 31, and 38 of the Notary Public Act, which provides that an attorney-at-law who is a member of a joint law office authorized for notary public or notary affairs shall, at the request of the client or his/her agent, voluntarily listened to the statement, his/her intent, and other facts tested, and thus, the authenticity of the document is presumed to be established pursuant to Article 356(1) of the Civil Procedure Act, since it is a public document as a report document. In addition, in order to secure the authenticity of the reported matters, prior procedures such as confirmation of the client or his/her agent and certification of his/her authority of attorney shall be followed before the preparation of the document, and then the signature and seal of the tin shall be affixed after preparation of the document, the probative value shall be denied without permission and shall not be contrary

(see, e.g., Supreme Court Decision 94Nu2046, Jun. 28, 1994). In full view of the purport of the entire pleadings as to the statement No. 1, it can be seen that the Plaintiff and the Defendant prepared a notarial deed with the following contents (hereinafter “instant notarial deed”).

No. 1402 of the No. 17, 2005 No. 1402 of the No. 17, 2005, a notarial deed: The content of the monetary loan agreement for consumption of money: The plaintiff, the creditor, determined on October 17, 2005, interest rate of KRW 90 million to the defendant, the debtor, at 24%, and the due date of repayment on April 30, 2006, and borrowed it by the debtor.

If the debtor delays the repayment of the principal, the damages for delay calculated at the rate of 24% per annum shall be paid to the creditor.

Notarial process: A notary public recognizes that the person is correct on the basis of a resident registration certificate presented by the client.

The power of representation on commission is recognized by the power of delegation attached to the certificate of personal seal impression of the principal.

A notary public has read and read a notarial deed to the participants, and is also the debtor's agent and the creditor.

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