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(영문) 광주지방법원 2016.09.20 2015가단524607
청구이의
Text

1. The Defendant’s notary public against the Plaintiff in the 21st century No. 2013, Dec. 26, 2013, drafted by the Defendant’s General Law Office.

Reasons

1. Basic facts

A. The party status C is a person operating the “Ecar P” in the name of the Plaintiff, one of his children on the Dong-gu D 1st, Gwangju-gu, Gwangju-gu, and the “Emina” in the name of F, and the Defendant lent money to C.

B. 1) Since March 2012, C has borrowed money from the Defendant. 2) As of October 25, 2013 between C and the Defendant, there is a loan certificate (No. 3, 200,000 won under the Plaintiff’s joint and several guarantee from the Defendant shall be determined and borrowed as 28,00,000 won at the rate of October 25, 2014, and 2.5% per month (hereinafter “the instant loan certificate”).

C. 1) On December 26, 2013, the Defendant: (a) at a law firm office in the 21st century, a notary public; (b) at a law firm office in the general law office in the 21st century, the Defendant lent KRW 28,00,000 to C on October 25, 2013 as the agent of C and the Plaintiff’s agent of C and the Plaintiff, with a maturity of KRW 28,00,000 at the rate of 30% per annum; (c) the Plaintiff is jointly and severally and severally guaranteed the Defendant’s loans to C as above; and (d) if C and the Plaintiff fail to perform the said monetary obligations, the Defendant recognized that there was no objection even if they were immediately subject to compulsory execution.

(2) The proxy form attached to the notarial deed of this case was delivered to C by the defendant. The above proxy form contains the purport that the plaintiff and C designate the defendant as their agent and delegate all their authority to commission the preparation of the notarial deed of this case. The plaintiff's name and address are stated, the plaintiff's seal impression is affixed to the side column of the plaintiff's name, and the plaintiff's seal impression is attached on November 28, 2013.

On July 6, 2015, the defendant applied for compulsory auction against the real estate owned by the plaintiff to G of this court with the title of execution of the notarial deed of this case as the execution title.

[Reasons for Recognition]

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