beta
Text
1. The Defendant’s notary public against the Plaintiff is the authentic copy of a notarial deed with the executory power of No. 398, 2016.
Reasons
1. According to the statement in Gap evidence No. 1, the plaintiff's wife D, on March 29, 2016, presented the power of attorney attached with the plaintiff's certificate of seal impression to the law firm as the plaintiff's agent and joint guarantor, D's qualification as the plaintiff's obligee, and "the plaintiff borrowed KRW 200 million from the defendant on January 1, 2015," and the plaintiff borrowed KRW 40 million from September 2016 to September 2020 in installments.
The interest rate of 1.5% per month shall be paid 23 days per month.
When the debtor and the joint and several sureties fail to perform the monetary obligation under this contract, they immediately recognized that there is no objection even if compulsory execution is enforced.
‘A notarial deed' has been entrusted with the preparation of a notarial deed, and accordingly it can be recognized that the notarial deed of this case as written in the order is prepared.
2. The parties' assertion
A. When the defendant accepts the representative director positions of the Plaintiff Co., Ltd., which the Plaintiff substantially operates, the Plaintiff prepared a letter of performance stating that he will assume civil and criminal responsibilities arising therefrom, and then deliver the seal imprint designs and relevant documents to D, who is the wife, to be notarized. However, since D and the Defendant forged the notarial deed different from the Plaintiff’s delegation, its execution should be denied.
B. From June 2005 to March 2015, the Defendant lent business funds to the Plaintiff by means of remitting KRW 419 million, and around 2015, the Defendant prepared the instant notarial deed by settling claims and obligations as KRW 200 million. On May 30, 2016, the Plaintiff did not raise any objection against the Defendant’s demand to repay the Defendant’s obligation based on the instant notarial deed at the Family Council. The Plaintiff also paid interest, and thus, the Plaintiff recognized the instant notarial deed.
3. Determination Correspondings, Gap 2, 8 (including paper numbers), Eul 12, and witnesses.