(영문) 의정부지방법원고양지원 2016.02.03 2015가단9069

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(영문) 의정부지방법원고양지원 2016.02.03 2015가단9069

청구이의

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1. The defendant's notary public against the plaintiff is a monetary loan contract of No. 551 of 2014.

Reasons

1. Facts of recognition;

A. On May 19, 2014, the Plaintiff’s wife drafted a power of attorney to entrust D employees of the Defendant with the preparation of a notarial deed of money consumer loan agreement with the Defendant, the Plaintiff, the Plaintiff, the joint guarantor C, the amount of credit KRW 30 million, the amount of credit KRW 30 million, the date on which the obligation occurred, May 16, 2014, the due and due date and due date and method October 15, 2014, the amount of principal and interest at 30% per annum, and the amount of delay damages at 30% per annum (hereinafter “instant power of attorney”).

B. On May 19, 2014, the Defendant’s employee D prepared, as an agent of creditor, debtor, and joint and several sureties, a notary public drafted a notarial deed under a monetary loan agreement (hereinafter “instant notarial deed”) with the foregoing content as the agent of a law firm No. 551 in 2014.

C. The Defendant applied for a compulsory auction of real estate E with the instant notarial deed as the title of execution, and received a ruling to commence the auction on August 20, 2014. The Defendant applied for a seizure and collection order of the notarial deed 2014 other miscellaneous miscellaneous miscellaneous 12040, and received a ruling on September 5, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 7, and Eul No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that there is no money borrowed from the defendant, and the notarial deed of this case is invalid since C, who is not authorized to represent the plaintiff, has been prepared with the power of attorney of this case without the plaintiff's consent by misappropriation of the plaintiff's seal, and is invalid, compulsory execution based on the invalid notarial deed of this case shall not be allowed

As to this, the defendant confirmed the plaintiff's seal imprint, certificate of personal seal impression, and identification card, and prepared the notarial deed of this case on this basis after obtaining the power of attorney of this case, the notarial deed of this case is valid as a legitimate power of attorney, and even if not, the plaintiff did not have the power of attorney of C, and thereafter,

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