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(영문) 서울중앙지방법원 2017.05.30 2016가합12286
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The notarial deed in the purport of the claim (hereinafter “notarial deed of this case”) contains the following: ① the debtor C shall have the creditor D pay the loan amount of KRW 420 million up to May 19, 2006; ② the joint and several surety E, F (the joint representative director of the above company at the time of the above company) and the plaintiff shall guarantee the debt of the above loan and shall agree to jointly and severally with the debtor to perform the obligation; ③ the debtor and the joint and several surety shall immediately be subject to compulsory execution if they fail to perform their obligation, they shall be subject to compulsory execution.

B. The notarial deed of this case was prepared by a certified judicial scrivener G as an agent of the plaintiff and other attorneys-at-law in charge of authentication who were newly employed by the law firm.

C. Meanwhile, on July 18, 2008, the Defendant, as a creditor D’s successor, obtained an execution clause succeeded to the Notarial Deed of this case as a creditor D’s successor.

[Reasons for Recognition] The non-contentious facts, entry of Eul evidence No. 1, and inquiry of the new law firm of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's gist of the plaintiff's assertion is that since he did not confer the power of attorney on G to entrust the preparation of the notarial deed of this case, the above entrustment act of G is an act of representation without authority and has no effect on the plaintiff

Therefore, among the notarial deeds in this case, the enforcement force of the part against the plaintiff should be excluded.

B. 1) The following facts are acknowledged in light of the aforementioned evidence and the witness H’s testimony (excluding the part not trusted in the front and rear, and the purport of the entire pleadings.

① On July 11, 2005, the Plaintiff’s husband H, along with E and F, established C, and at the time, did not have good credit, and accordingly, the Plaintiff registered the Plaintiff as a director of the said company with the Plaintiff’s consent instead of becoming a joint representative director of the said company with E and F.

② After about six months thereafter, the notarial deed of this case is about 420 million won by the said company D.

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