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(영문) 부산지방법원 2016.08.31 2015나13116
청구이의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. From August 2007, the Defendant lent the bonds to D, who is the mother of the Plaintiff, from August 2007.

B. On November 14, 2008, D, accompanied by the power of attorney and certificate of personal seal impression under the Plaintiff’s name, the notary public, stating that “The Defendant specified and lent KRW 10 million to the Plaintiff on October 14, 2008 at interest rate of 48% per annum, and D is jointly and severally and severally guaranteed,” drafted a notarial deed No. 2032, 2008 (hereinafter “notarial deed of this case”).

C. D on October 28, 2008, issued one copy of the Plaintiff’s certificate of personal seal impression as the Plaintiff’s agent at the Busan Southern-gu E-dong Office in order to prepare the instant notarial deed.

On April 27, 2010, the Plaintiff filed a complaint with D on April 27, 2010 under the name of the crime of forging private documents and uttering, as the Plaintiff voluntarily prepared the power of attorney in the name of the Plaintiff and submitted it to the Clegal Office

D On September 29, 2010, it is recognized that there was a suspicion from the Busan East District Prosecutors' Office, but it was the first offense and it was caused by contingent crimes in order to obtain a loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 7, purport of the whole pleadings

2. The plaintiff asserts that the notarial deed of this case is null and void without the plaintiff's consent.

The defendant asserts that since March 2008, the defendant transferred money to the post office account under the name of the plaintiff, the plaintiff was aware of the lending relationship of D, and that D had confirmed the plaintiff's employment certificate at the time of the preparation of the notarial deed of this case and made telephone call to the plaintiff's workplace and made confirmation of himself. Thus, D has lawfully prepared the notarial deed of this case with the plaintiff's consent.

3. The following facts and circumstances acknowledged in full view of the evidence and the purport of the entire pleadings, i.e., the post office in the name of the Plaintiff, which appears to have known of a monetary transaction relationship between D and the Defendant.

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