beta
Text
1. The part against the plaintiffs in the judgment of the court of first instance shall be revoked.
2. The defendant's notary public against the plaintiffs is a law firm.
Reasons
1. In the first instance court, the plaintiffs sought a non-permission of compulsory execution based on the notarial deed No. 1437 of the 2004 No. 1438 of the 2004 and the notarial deed of the 2004 No. 1438 of the 2004. The first instance court accepted the plaintiffs' claim and dismissed the remainder of the claim only for non-permission of compulsory execution based on the notarial deed of the 2004 notarial deed of the 2004 notarial deed.
Therefore, since only the plaintiffs appealed, the subject of the judgment of this court is limited to the claim for non-permission of compulsory execution based on the No. 1438 of the 2004 deed as above.
2. Facts of recognition;
A. On July 27, 2004, the defendant appeared at the Daegu General Law Office as an agent of the creditor and the debtor, the plaintiff A and the joint guarantor, respectively. On February 20, 2004, the defendant agreed to approve the fact that the plaintiff, under the joint and several guarantee of the plaintiff B on February 20, 2004, bears the loan obligation of 3,00,000, interest rate of 60,000, annual interest rate of 60%, delay damages, and 60% of the due date, June 20, 2004, and the defendant agreed to accept the above obligation, and if the plaintiffs fail to perform the above monetary obligation, a notary public entrusted the defendant with a notarial deed to the effect that the defendant did not raise any objection even if he was subject to compulsory execution. On the same day, the above content was written by the law firm 2004 General Law Office No. 14388 (hereinafter referred to as the "notarial deed of this case").
B. In the notarial deed of this case, along with the plaintiffs' certificate of seal impression, the plaintiff is a notary public to the defendant at the Daegu General Law Office.
Any authority to commission the preparation of a notarial deed on the loans as stated in the paragraph is delegated, and the defendant acts on behalf of the plaintiffs and the defendant.