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(영문) 대구지방법원 2019.04.25 2017가단125327
청구이의
Text

1. The Korean Notaries Public Law Firm, Law Firm C2015. 5.

Reasons

1. According to the evidence No. 1, the fact of recognition that a notary public, on March 5, 2015, prepared by the notary public of March 5, 2015, the notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the following content under No. 164, 2015.

On March 5, 2015, a notary public which was entrusted at the party office with the preparation of a notarial deed concerning the following juristic acts by the parties and whose statement is recorded at the party office are as follows:

The debtor, on January 31, 2015, has approved the fact that he has assumed the following obligations from the creditor, has offered to repay the obligations under this contract provisions and has accepted the creditor. - The debt amount: KRW 48 million - Interest: - Interest rate: 10% per annum per annum 20% per annum - Damages for delay shall be paid to the creditor at the rate of 20% per annum per annum per annum when the debtor delays the repayment of the above amount.

- Loans : Loans - Deadline and method of maturity: On December 31, 2015, the debtor, in the case of failure to perform monetary obligations under this contract, did not object to compulsory execution immediately from the creditor.

Creditor B (Defendant) obligor A (Plaintiff)

2. The plaintiff's assertion and judgment

A. Although the Defendant was not actually responsible for the Defendant’s loan obligation of KRW 48 million stated in the notarial deed of this case, the Defendant prepared a loan certificate by stating that it is necessary to convert the Plaintiff into a low loan, and consented to the commission of the preparation of the notarial deed of this case. Since the Plaintiff’s loan obligation to the Defendant under the notarial deed of this case does not exist, compulsory execution based on the notarial deed of this case should not be permitted.

B. In the case of a notarial deed 1, the reasons for failure, invalidation, etc. which occurred prior to the preparation of the notarial deed as to the claim which became the cause of the notarial deed may be asserted in the lawsuit of objection against the notarial deed.

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