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(영문) 대구지방법원 2016.08.11 2016나300856
청구이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The instrument of borrowing (No. 2; hereinafter “the certificate of borrowing”) and receipt (No. 3) stating that the network E borrowed KRW 20,000,000 from the Defendant is drafted as of February 10, 2012.

The loan certificate of this case contains the following: “One million won for interest, two percent per month for interest, and the due date on December 10, 2014,” and its seal imprint affixed on the name of debtor E.

The above receipt contains a statement that "one million won is the full receipt of cash," and his seal imprint is affixed to the name next to the debtor's network E.

B. On March 30, 2012, the Defendant: (a) as the agent of the addressee and the issuer, entrusted the preparation of the authentic deed of Promissory Notes No. 1253 of the 2012 No. 1253 (hereinafter “instant Promissory Notes”) to the effect that “the Defendant, the issuer, the issuer E and F, the date of issuance February 10, 2012, the date of payment, the date of payment, the amount of KRW 20,00,00,00,” which is “the Promissory Notes No. 13-2, and the face value of KRW 20,00” (hereinafter “the Promissory Notes No. 13-2,”) to recognize compulsory execution; and (b) was written on the same day.

C. The notarial deed of this case is accompanied by a letter of delegation (No. 13-6, hereinafter "the letter of delegation of this case") in the name of the network E.

The letter of delegation of this case contains the statement that “The Network E delegates all the authority regarding the request for the preparation of authentic deeds of this case to the Defendant, and the Defendant’s self-contract and bilateral representation also allow the Defendant to do so,” and its seal imprint is affixed on the name side of the delegating E.

Since January 9, 2015, the network E died, and the plaintiffs jointly inherited the network E.

E. On January 15, 2015, the Defendant received a collection order for the attachment and collection of the claim against the water-supply claim against the deceased E’s port port based on the instant authentic deed as the Daegu District Court Branch Branch 2014TT 6171.

grounds for recognition.

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