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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원서부지원 2015.11.03 2015가단7590
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm's pan-law established on October 23, 2006, No. 3700 of deed prepared on October 23, 2006.

Reasons

Basic Facts

On October 23, 2006 between the Plaintiff and the Defendant, a notary public signed a law firm set forth in No. 3700 in 2006, and on July 20, 2006, the Plaintiff borrowed KRW 10 million from the Defendant on September 20, 2006 under the joint and several surety of C, with the maturity of payment set forth on September 20, 2006. In the event that the above loan obligation is not performed, a notary public signed a notarial deed on debt repayment contract (hereinafter “notarial deed of this case”) to the effect that there is no objection even if the Defendant is immediately subject to compulsory execution.

At the time of the preparation of the notarial deed in this case, the defendant holds the power of attorney in the name of the plaintiff and C on July 20, 2006 (hereinafter "the letter of attorney in this case") and entrusted the preparation to the creditor and the debtor and joint guarantor as the representative of joint and several sureties. The above power of attorney stated not only the contents of the above notarial deed lending but also the contents that the plaintiff and C delegate the authority to entrust the preparation of the notarial deed to the defendant, and signed and sealed the plaintiff and C, and there was a seal impression issued on June 9, 2006

On March 12, 2015, the Defendant applied for a seizure and collection order on the Plaintiff’s claim against Daegu Bank, etc. based on the instant notarial deed by this Court No. 2015TTT1952, and received the decision of the acceptance on March 16, 2015.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 4 through 7 (including a serial number; hereinafter the same shall apply)'s assertion of the purport of the whole pleadings, and the absence of the claim for the cause of judgment No. 190,000 won from the defendant around May 2006, the plaintiff borrowed 3 million won from the defendant and repaid the total amount of 4.8 million won until June 26, 2006. At the time of borrowing, the defendant issued a certificate of personal seal impression to have his name and seal affixed to the letter of delegation in blank for the preparation of a notarial deed on the above loan. However, even if the defendant received all repayment of the above loan, the defendant made the notarial deed of this case using the certificate of personal seal impression.

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