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(영문) 대구지방법원김천지원 2019.06.12 2018가단5382
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the pleadings and arguments in Gap evidence Nos. 2, 3, Eul evidence Nos. 2, 3, and 4:

On August 10, 2018 between the Plaintiff and the Defendant, a notary public signed a debt repayment contract notarial deed (hereinafter “notarial deed of this case”) with the following content as the document No. 630, 2018, signed between the Plaintiff and the Defendant.

The plaintiff's joint and several sureties: D's creditor and joint and several sureties's representative: defendant 1 (Purpose) approves the fact that the debtor bears the obligation from the creditor on June 26, 2018, and the creditor promises to repay the obligation under the provisions of this contract and approves it. The payment deadline for the repayment of the loan amount: The payment deadline for the payment of the loan amount of KRW 30,000 (30,000): The payment deadline for the place of payment on July 30, 2019: The creditor's domicile or the designated person's interest at the rate of 24% per annum.

The method of repayment: The debtor in Article 4 of the lump sum payment shall transfer to the creditor the right to claim the full amount of the lease deposit in Gu-U.S. to the creditor with the intention to secure the performance of the above obligation, and the creditor shall take over the right to claim the full amount of the lease deposit in Gu-U.S. to the creditor.

The defendant entrusted the preparation of the Notarial Deed on behalf of both the plaintiff and D, along with the plaintiff's certificate of personal seal impression issued by the plaintiff himself, presented the power of attorney in the name of the plaintiff and D (hereinafter "the power of attorney in this case").

C. The power of attorney of this case states that "the defendant is designated as his agent and the notary public delegates the authority to commission the preparation of a notarial deed as referred to in the above paragraph (a) to law firm C, his own contract, and both agents." The plaintiff stated each plaintiff's name in the column of "debtor" and "agent", and the plaintiff's seal impression is affixed next to each other.

2. The assertion.

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