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(영문) 인천지방법원부천지원 2017.10.18 2017가단6889
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On June 1, 2017, this Court has regard to cases of application for suspension of compulsory execution 2017 Chicago28

Reasons

1. Basic facts

A. 1) On April 8, 2008, the Defendant: (a) as a creditor on April 8, 2008, as the debtor C, the plaintiff joint and several sureties, and each agent D entrusted the notary public to the attorney-at-law in charge of authentication on the cash loan contract of October 29, 2007; (b) on the same day, the notary public appointed the attorney-at-law in charge of authentication on October 29, 2007 to C on the same day; (c) on April 14, 2008, the period of reimbursement was 49% per annum; (d) the plaintiff, the joint and several sureties; and (e) the plaintiff, the joint and several sureties; and (e) the notarial deed of cash loan (hereinafter “the notarial deed of this case”) written to the effect that the said agent did not raise any objection even if having been immediately enforced.

B. The Defendant filed an application for compulsory auction by official auction on the basis of the instant notarial deed, and filed an application for compulsory auction by official auction on real estate No. 501 of the 5th, Seocheon-si, Incheon District Court, which owned the Plaintiff. On May 17, 2017, the Incheon District Court rendered a decision to commence compulsory auction by official auction on real estate with F.

[Reasons for Recognition] Facts without dispute between the parties, Gap's 1, 2, 4, Eul's 1 to 7, Eul's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The power of attorney (No. 4) and the certificate of borrowed (No. 1) that form the basis of the Plaintiff’s assertion in the instant notarial deed are forged.

The plaintiff asserts that C only obtained two copies of a certificate of personal seal impression as it is necessary for C to sell a motor vehicle owned by the plaintiff, and delivered it to C with the seal impression.

B. The plaintiff alleged by the defendant delegated the preparation of the Notarial Deed to the defendant, and jointly and severally guaranteed C's monetary obligations to the defendant.

3. Determination

(a) Whether the loan certificate (No. 1) has been forged or altered or not is presumed to be genuine when the signature, seal, or seal of the principal or of his/her representative is affixed (Article 358 of the Civil Procedure Act).

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