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(영문) 전주지방법원 남원지원 2018.04.25 2017가단11149
청구이의
Text

1. Certificate drawn up on April 30, 2013 by a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Defendant) is a document drawn up on April 30, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 30, 2013, D, a notary public, as his/her agent, drafted a power of delegation in the name of the Plaintiff (hereinafter “instant power of delegation”) that “A notary public, as his/her agent, commissions the preparation of an authentic deed of a monetary loan for consumption to a law firm as of December 30, 2014, entrusting the preparation of an authentic deed of a monetary loan for consumption with all of his/her authority to commission the preparation of an authentic deed of a monetary loan for consumption as of December 30, 2014, which is the content that “A notary public, as his/her agent, delegates to C law firm the amount of the debt to be KRW 1,00,000,000,000,0000 from the date of the loan, there is no interest, interest, interest, 18% per annum, interest, and creditor (hereinafter “Defendant”), the obligee (hereinafter “Plaintiff”).

A notary public, as stated in the letter of delegation in this case, the attorney-at-law in charge of authentication in the law firm Eul, on behalf of the plaintiff as stated in the letter of delegation in this case, set up a notarial deed in the monetary loan agreement (hereinafter “notarial deed of this case”) dated 30, 2013, stating that “the plaintiff shall pay 140,000,000 won from the defendant on April 30, 2013, with no interest rate of 18% per annum, and D shall guarantee the plaintiff’s above loan obligation to the defendant, and the plaintiff and D shall accept compulsory execution in the event they fail to repay each of the above obligations, at the request of D and the defendant.

B. Since then, based on the instant notarial deed, the Defendant filed an application for the seizure and collection order of the Plaintiff’s wage claim against the Namwon-si as the court 2015TT1257.

On January 22, 2016, this Court rendered a decision ordering the seizure and collection of the above claims upon the above request.

Accordingly, the defendant collected the plaintiff's benefit claim against the Namwon city (attached Form) as stated in the collection details.

C. On January 12, 2017, the Suwon District Court: (a) forged the instant power of attorney and exercised it as a law firm C’s employee.

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