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(영문) 수원지방법원 2015.01.23 2014나31636
대여금 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked, respectively.

Reasons

1. Facts of recognition;

A. Defendant B is the husband of Defendant D, and Defendant C is the father of Defendant C.

B. On October 6, 2009, Defendant C prepared a written statement (Evidence A) stating that “The principal amount of KRW 20,000,000 on October 7, 2009 shall be repaid to the Plaintiff, and the remainder of KRW 38,00,000 shall be paid to the Plaintiff, a security right shall be created in the first order immediately after the establishment of the security right against the bank. In the event that the Plaintiff fails to pay KRW 38,00,00 (interest payment) more than one month, Defendant C does not raise any objection to the enforcement of the Plaintiff’s legal measures. The Plaintiff shall be held responsible for the establishment of the security. The amount of KRW 3,750,000 shall be repaid until the end of October 209.”

C. After that, on October 15, 2009, a notary public bears the Plaintiff, the Defendants, the Defendants’ agents, and the Defendants’ agents as D with the liability of KRW 58,00,000 against the Plaintiff. By October 16, 2009, the Plaintiff paid KRW 20,000,000 to the Plaintiff and completed the registration of creation of a second-class class class collective security security security security security security security security security security security security security security security security security of KRW 38,000,000 to the Plaintiff. If the Plaintiff’s interest on KRW 38,00,000,000 was delayed for more than one month, there was no objection as to the Plaintiff’s legal action. The Plaintiff’s performance rejection was notarized.

A No. 2, and hereinafter referred to as “instant performance memorandum.”

The Defendants asserted that D had forged a letter of performance in this case and written it as a guarantor, and therefore, it is stipulated that notary public must follow in advance the procedures for the confirmation of a client, the confirmation of an agent, and the certification of his/her power of attorney in accordance with the Notary Public Act. Thus, a notary public is authenticated unless there are special circumstances, such as where a notary public asserts that D did not go through the procedure for authentication of a deed signed by a notary public.

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