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(영문) 인천지방법원 2015.04.15 2014가단75799
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 16, 2013, a notary public borrowed KRW 34650,00 from the defendant on December 10, 2013, which was based on the foundation of the facts: (a) borrowed KRW 34650,000 from the defendant on December 10, 2013; (b) repaid the said money in installments, one hundred and fifty-five thousand won each month from December 20, 2013 to August 20, 2016; (c) in delay, payment of the principal shall be made at a rate of thirty percent per annum for the immediately principal; (d) if a notary public delays the payment of the principal on more than one occasion, the plaintiff shall lose the above interest; (c) if the debtor and joint guarantor fail to perform a monetary obligation under this contract, the dispute between the parties to the loan for consumption and the No. 3450,50,000, which was written by the court on December 20, 2013 to the extent that they did not object to compulsory execution without delay.

2. (1) The Plaintiff’s assertion (1) as the Plaintiff’s mother C obtained a certificate of the Plaintiff’s personal seal impression without the Plaintiff’s consent, and the instant notarial deed is null and void, and thus, compulsory execution based on the instant notarial deed should be denied.

(2) Even if the notarial deed of this case was made by legitimate authority, C is faithfully performing the obligation based on the notarial deed of this case. Therefore, compulsory execution based on the notarial deed of this case shall not be permitted.

3. (1) There is no evidence to acknowledge that C prepared the instant notarial deed without the Plaintiff’s consent, and rather, if the evidence as mentioned above shows the respective entries in No. 1 and the purport of the entire pleadings, this refers to the following.

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