logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2014.12.11 2013가단35292
청구이의
Text

1. Certificate No. 803, 2012 drawn up by the Defendant’s notary public against the Plaintiff on July 9, 2012.

Reasons

1. Basic facts

A. On April 20, 2012, the Plaintiff entered the amount of the power delegated to the Defendant to the Defendant as well as each Plaintiff’s name in the obligor column and its delegating column as to the preparation of the authentic deed of a monetary loan for consumption (hereinafter “instant power of attorney”), and delivered it to the Defendant with the Plaintiff’s certificate of personal seal impression issued on April 20, 2012. On July 9, 2012, a notary public, who is in the Yangcheon-gu Seoul Metropolitan Government New Month 375 (3 floors of new, equitable building) as the Plaintiff’s agent at the law firm date, concurrently commissioned the Defendant to prepare the authentic deed.

B. Upon the Defendant’s commission, the Defendant made the obligee and the Plaintiff as the obligor, and the Defendant lent KRW 20,000,000 (20,500,000) to the Plaintiff on April 30, 2010, and the Plaintiff borrowed from the Plaintiff. The Plaintiff shall return the interest up to July 16, 2012. The interest shall be paid at the rate of 30% per annum on the principal borrowed from April 30, 2012 to the date of full payment. The Plaintiff shall pay at the time of returning the principal. If the Plaintiff fails to perform his monetary obligation under this contract, a notarial deed of a monetary loan agreement (hereinafter referred to as “notarial deed of this case”) stating that “The Defendant was aware that there was no objection even if he was subject to compulsory execution.”

C. On May 14, 2013, the Defendant filed an application for a seizure and collection order under the Incheon District Court’s 2013TTTB 2013TB 5595 with respect to the Plaintiff’s benefit claim against the Heunging Life Insurance Co., Ltd. based on the instant authentic deed. On May 29, 2013, the Defendant collected the claim after being issued a seizure and collection order from the said court. On November 1, 2013, the Defendant submitted an application for the cancellation of the seizure and collection order to the said court.

However, based on the notarial deed of this case, the Defendant applied for the seizure and collection order of the claim against the Plaintiff’s interesting life insurance company as Incheon District Court Branch Order 2013TTT13262, and around November 13, 2013.

arrow