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(영문) 서울북부지방법원 2020.06.19 2018가단10590
청구이의
Text

1. Certificates No. 279, written by the Defendant’s limited liability law firm C with respect to the Plaintiff on November 6, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff’s wife D entrusted the preparation of each of the following notarial deeds as the Plaintiff’s agent and each of the notarial deeds (hereinafter “each of the notarial deeds of this case”).

① On November 6, 2012, the Defendant entrusted the Plaintiff with the preparation of a notarial deed of a monetary loan agreement for consumption with the Defendant, the debtor, and the Plaintiff, stating that “The Defendant lent KRW 30 million to the Plaintiff on November 6, 2012, the Plaintiff repaid the full amount of the said loan until December 16, 2013, and the interest shall be paid at 16% per month, and if the Plaintiff fails to perform the said monetary obligation, the interest shall be paid at 2% per month, and if the Plaintiff is immediately subject to compulsory execution, the notarial deed of a monetary loan for consumption was drawn up by a notary public on November 6, 2012 (LLC).

② On January 9, 2013, the Defendant entrusted the Plaintiff with the preparation of a notarial deed of a monetary loan agreement for consumption with the Plaintiff, stating that “The Defendant lent KRW 30 million to the Plaintiff on January 9, 2013, the Plaintiff temporarily repaid the above loan by January 9, 2015, and the interest shall be paid at 2% per month on January 9, 2015, and if the Plaintiff failed to perform his/her monetary obligation, it shall be paid at 15% per month, and if the Plaintiff immediately received compulsory execution, it shall be recognized that there was no objection.” Accordingly, a notary public drafted a notarial deed of a monetary loan for consumption with the Plaintiff on January 9, 2013 (LLC).

B. At the time of the preparation of each of the instant notarial deeds, D had the Plaintiff’s certificate of personal seal impression and seal imprint, and the Plaintiff’s letter of delegation in the name of the Plaintiff (hereinafter “the Plaintiff”) prepared each of the instant notarial deeds to the effect that “a person entrusted D with all the authority to commission the preparation of a notarial deed and consented to the non-performance of obligation even if he did not object to compulsory execution” using the above certificate of personal seal imprint, and submitted it to the said attorney in charge

C. Around May 2018, the Defendant issued a notarial deed of this case.

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