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(영문) 부산지방법원 2016.04.12 2015가단53885
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from July 1, 2003 to the day of full payment.

Reasons

1. Basic facts

A. On December 15, 2004, the Defendants: (a) the Plaintiff, the creditor, and (b) on December 15, 2004, the Defendant C, a notary public, entrusted the Plaintiff, the creditor, with the preparation of a notarial deed to the effect that “Defendant C shall have no objection even if the Defendants did not immediately enforce their obligations; (c) on the same day, the notary public entrusted the said notarial deed (hereinafter referred to as “notarial deed”) to the attorney-at-law in charge of notarial acts, the debtor and joint and several sureties, with the interest rate of 18% per annum on June 30, 2003 and the due date of payment on May 20, 2005.”

B. At the time of the preparation of the notarial deed of this case, the power of attorney in Defendant D’s name (hereinafter “instant power of attorney”) affixed a seal affixed to Defendant D’s seal on the ground that Defendant C obtained the power of attorney to commission Defendant D to prepare a notarial deed.

[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleading

2. According to the above facts of recognition as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 15% per annum from July 1, 2003 to the date of full payment.

3. The part of the claim against the defendant D

A. In light of the fact that the power of attorney affixed with Defendant D’s seal imprint affixed at the time when the Plaintiff’s assertion was made, Defendant C, upon delegation from Defendant D, drafted the instant notarial deed as his agent, and even if not, Defendant D did not raise any objection even though he was notified of the creation of the instant notarial deed, so the Defendant C implicitly ratified Defendant C’s act of unauthorized representation.

Accordingly, Defendant D.

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