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(영문) 대구지방법원 서부지원 2018.01.10 2017가단2087
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2008, C entrusted on September 10, 2008, a notary public, with the preparation of a notarial deed concerning a monetary loan contract for consumption with a creditor, an obligor, and a joint surety C (hereinafter “instant notarial deed”).

B. On September 9, 2008, which was before the date of the completion of the notarial deed of this case, C prepared and delivered a power of attorney from the Plaintiff and the Defendant. The Plaintiff entered his name in the letter of delegation in his own pen, and the name of the original and the Defendant affixed his seal impression on each side of the original and the Defendant’s name.

(hereinafter referred to as “the power of attorney of this case”). By designating a power of attorney C as an agent, a notary public shall delegate to the law firm Daegu General Law Office all the following acts with respect to the preparation of authentic deeds of contract matters: Provided, That acting as an agent and as both parties shall be

- Amount of debts: 10 million won - Loans - Amount of debts: The date of occurrence of debts: The defendant - the debtor on September 10, 2008 - The plaintiff - the joint guarantor: The plaintiff - the joint guarantor on December 10, 2008 - The amount of damages due: 30% per annum on December 10, 2008 - the conditions attached to acceptance of compulsory execution and the preparation of notarial deeds under an agreement with the other party on other terms.

C. On September 10, 2008, the date when the notarial deed of this case was prepared, the Plaintiff issued a certificate of personal seal impression directly to C. On the same day, C prepared the notarial deed of this case as a joint and several surety by the agent of both the Plaintiff and the Defendant on the same day with the power of this case and the Plaintiff’s certificate of personal seal impression received from the Defendant.

The main contents of the notarial deed of this case are as follows.

On September 1, 2008, Article 1 (Purpose) creditor of the Notarial Deed of Cash Loan Agreement lent to the debtor the amount of KRW 10 million and the debtor borrowed it.

Article 2 (Period and Method of Repayment): Interest of Article 3 (Interest) on December 10, 2008 shall be 20% per annum.

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