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1. The defendant's notary public against the plaintiff No. 793 delivered on October 7, 2002 by the defendant's Diplomatic Office No. 793.
Reasons
1. Facts of recognition;
A. The father (the father) of the Plaintiffs is E, the mother (the mother) is F.
B. The E/F borrowed KRW 91,390,00 from G on August 30, 199, and thereafter, on October 7, 2002, when the demand for payment of G was made, the E/F paid KRW 91,390,000 until December 31, 2002. As a person with parental authority of the plaintiffs who was a minor at the time E/F agreed with G to pay the plaintiffs as joint and several sureties for the above loan obligations of E/F on behalf of the plaintiffs, and on the same day, a notary public located at the Busan B/F office entrusted the preparation of a notarial deed to the D legal office, and a notary deed (No. 793, 2002, No. 793, hereinafter referred to as the “notarial deed”).
C. On February 18, 2013, G died on February 18, 2013, and there was Defendant, J, K, and L, the spouse of G, but the said inheritor agreed that G’s claims against E and F by way of an inheritance division agreement around July 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 through 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The act of this conflict of interest under Article 921 of the Civil Code refers to an act that is likely to cause conflict of interest between a person with a parental authority and his/her child or among several persons subject to the parental authority due to the objective nature of the act. Whether there is a conflict of interest as a result of the act or the intent of a person with parental authority, or as a result of the act, shall not be asked. The act of setting up a security right on a minor's own property is difficult for a person jointly and severally liable or as a guarantor with regard to the borrowed money to be borne by the person with parental authority or as a result of the act.