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(영문) 서울북부지방법원 2015.12.24 2015가합20364
청구이의
Text

1. No. 181 of November 5, 2014, No. 181 of the document drawn up by the defendant against the plaintiff as a notary public C office against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the wife of D (the divorceed on December 16, 2014) and the Defendant is the creditor who has the loan claim against D.

B. On November 5, 2014, the debtor D borrowed KRW 220,00,00 from the defendant to the creditor, and the debtor D agreed to repay the full amount of the above debt until November 7, 2014, and the debt repayment contract (quasi-loan contract of this case) was made to the effect that the plaintiff who is a joint and several surety jointly and severally guaranteed the joint and several surety (hereinafter referred to as the "joint and several surety contract of this case"). The notary public's office document No. 181 of 2014, No. 181 of 2014, when the plaintiff who is the debtor D and joint and several surety fails to perform the monetary obligation under the joint and several surety contract of this case, a notarial deed of a loan for consumption (quasi-notarial deed of this case), which includes an expression of intention that there is no objection, was made immediately compulsory execution.

C. At that time D entered into the instant joint and several guarantee agreement on behalf of the Plaintiff, and entrusted the preparation of the instant notarial deed.

On November 20, 2014, the Defendant applied for a compulsory auction on the Plaintiff’s real estate based on the instant notarial deed and received a decision to commence compulsory auction on November 20, 2014.

In addition, on November 18, 2014, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims, etc. based on the instant authentic deed, and received the seizure and collection order as Seoul Northern District Court 2014TTTT2415, and as Seoul Northern District Court 2014TTT24392, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1 entrusted D with the preparation of the notarial deed of this case even though he did not confer the power of attorney on the conclusion of the joint and several guarantee contract of this case and the preparation of the notarial deed of this case.

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