logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.04.11 2018가단9732
채무부존재확인
Text

1. The Defendant’s notary public’s compulsory execution against the Plaintiff is based on Claw Firm No. 1828, 2017’s No. 1828.

Reasons

1. Facts of recognition;

A. D, the spouse of the Plaintiff, was required to obtain joint and several sureties from the Defendant while borrowing money from the Defendant several times.

B. On November 13, 2017, D, without the Plaintiff’s consent, prepared a proxy letter for issuing a certificate of the Plaintiff’s personal seal impression under the Plaintiff’s name and received it on behalf of the Plaintiff, and signed a proxy letter with the purport to delegate all the authority to commission the preparation of a notarial deed under a monetary loan agreement with the Defendant, debtor D, the Plaintiff, the joint and several surety, the loan amount of KRW 61,40,000, maturity for payment, KRW 25% per annum on November 10, 2020, KRW 80,000,000 for each of the interest and late payment delay, and KRW 80,000,000,

(hereinafter referred to as “instant power of attorney”). (b) The said power of attorney

D on November 13, 2017, with the power of attorney, certificate of the Plaintiff’s personal seal impression, certificate of the Plaintiff’s personal seal impression, and certificate of the Claw Office as an agent for the debtor himself/herself and the Plaintiff’s joint and several sureties, signed a notarial deed of monetary loan contract No. 1828 of C law Firm 2017

(hereinafter “instant Notarial Deed”). On November 10, 2017, the content of the instant Notarial Deed borrowed KRW 61,400,000 from the Defendant on November 10, 2017, under an agreement that the Plaintiff would lose the benefit of time when the obligation to pay interest was delayed once or more times (payment on November 10, 202, interest rate of KRW 25% per annum (payment on January 10), and the obligation to pay interest was delayed. The Plaintiff jointly and severally guaranteed the said obligation, and the Plaintiff, a joint and several surety, as the obligor D, did not raise any objection even if he/she was immediately subject to compulsory execution under the said monetary loan agreement.

‘The purpose is to say’.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, witness D's testimony, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion D uses the Plaintiff’s seal imprint affixed to the Plaintiff without delegation from the Plaintiff, thereby forging the Plaintiff’s seal imprint, thereby arbitrarily obtaining the Plaintiff’s seal imprint certificate and forging the power of attorney.

arrow