beta
Text
A notary public against the plaintiff against the defendant is a monetary loan contract No. 7 of March 7, 2018, No. 2018.
Reasons
1. Facts of recognition;
A. D, on March 7, 2018, as the Plaintiff’s agent and joint guarantor, between the Defendant’s agent and E, and between the notary public, as the Defendant’s agent, the Defendant lent KRW 36,000,000 to the Plaintiff on March 7, 2018, and the Plaintiff borrowed it from the obligor. The Plaintiff is obliged to pay KRW 120,000 per day from March 8, 2018 to January 1, 2019. D, as the joint and several surety, jointly and severally guaranteed the Defendant’s obligation against the Defendant within the limit of KRW 36,00,000. When the Plaintiff and the joint and several surety failed to perform the above obligation, the Defendant was aware that there was no objection to compulsory execution, even if compulsory execution was conducted, the agreement was made up for a notarized deed (hereinafter “money loan”).
B. Under the instant monetary loan agreement, the Defendant paid D KRW 36,00,000 on March 7, 2018, and D is the Plaintiff’s mother.
【Reasons for Recognition】 Evidence Nos. 1, E, testimony of witnesses, and D, the purport of the whole pleadings
2. Determination on the cause of the claim
A. (1) The Plaintiff did not have granted the right of representation to the Plaintiff D as to the preparation of the Notarial Deed and the conclusion of the instant monetary loan for consumption.
Therefore, the monetary loan contract of this case on the Notarial Deed of this case is invalid as against the plaintiff.
(2) AD, who has the power of attorney attached by the Plaintiff’s certificate of personal seal impression, concluded the instant monetary loan agreement on behalf of the Plaintiff and authenticated it. D was granted by the Plaintiff the power of attorney to prepare the instant authentic deed and conclude a monetary loan agreement.
Therefore, the monetary loan contract of this case is effective against the plaintiff.
B. (1) In the case of a lawsuit seeking confirmation of existence of a pecuniary obligation, the Plaintiff, the obligor, first.