(영문) 전주지방법원 2017.11.29 2017가단10765

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(영문) 전주지방법원 2017.11.29 2017가단10765

청구이의

Text

1. A notary public of the defendant's plaintiff (appointed party) and the appointed party shall draw up a C&A office on November 24, 2005.

Reasons

1. Facts of recognition;

A. On November 24, 2005, a notary public at the commission of the defendant, a creditor and joint guarantor, and a notary public at the commission of the defendant, a joint guarantor, the joint guarantor, the joint guarantor, "D shall approve the defendant that the defendant bears the obligation of KRW 14 million based on a loan certificate dated May 25, 2005, and shall pay the defendant the total sum of KRW 14 million and interest of KRW 60 percent per annum until December 1, 2005. The plaintiff (the appointed party; hereinafter "the plaintiff et al.") and the appointed person (hereinafter "the plaintiff et al.") jointly and severally guaranteed the obligation to the defendant, and when D fails to perform its monetary obligation under this contract, D and the plaintiff et al. shall not immediately be subject to compulsory execution (hereinafter "No. 1 of loan for consumption").

B. At the time of the preparation of the instant notarial deed, the Defendant received a certificate of personal seal impression issued by the Plaintiff on May 31, 2005, and a certificate of personal seal impression issued by the Claimant on May 25, 2005.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2 and 3-3, the purport of the whole pleadings

2. The indication of recognition and recognition of execution, which allows judgment to have executory power as a title of debt, is an act of litigation against a notary public, so if a notarial deed is prepared by the commission of an unauthorized representative, it has no effect as a title of debt, and the burden of proof as to the existence of power to prepare such notarial deed has an effect on the creditor who asserts its effect. The authenticity of the portion drawn up by a notary public of a notarial deed is presumed, but it is presumed that the fact that the notarial deed was drawn up by the agent and that the agent has legitimate power of attorney does not automatically be acknowledged.

Supreme Court Decision 200 delivered on June 28, 2002

유사 판례

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