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1. No. 303, 2011, a deed drawn up by the defendant's notary public against the plaintiff on June 29, 2011 by the law firm superior citizens.
Reasons
1. Basic facts
A. On June 29, 2011, the Defendant: (a) a notary public was present at the law firm Nonparty C (the husband of the Plaintiff) and the Plaintiff’s agent as joint and several surety, and was present at the obligee himself as joint and several surety; (b) “C borrowed KRW 80,00,000 from the Defendant on March 29, 201 as interest rate of KRW 2% (payment on the last day of each month); (c) 2.5% per month for delay damages; and (d) August 29, 2011 for the repayment period; (b) the Plaintiff jointly and severally guaranteed the above loan obligation of C; and (c) the Plaintiff and the Plaintiff entrusted the Nonparty and the Plaintiff with the preparation of a notarial deed to the effect that there is no objection even if they were forced to perform the above loan obligation; and (c) on the same day, a notarial deed (hereinafter “notarial deed of this case”).
B. The power of attorney dated March 29, 201, attached to the instant notarial deed (hereinafter referred to as “instant power of attorney”) contains the main text that delegation C and the Plaintiff to the Defendant all acts related to the preparation of the instant notarial deed, written in the delegating column the name and address of C and the Plaintiff, written in the delegating column, attached C and the Plaintiff’s seal impression affixed respectively to the right side of the delegating column, and accompanied by C and the Plaintiff’s respective certificate of personal seal impression issued on March 29, 201.
[Ground for Recognition: Unsatisfy, Gap evidence 1 and 8 (including branch numbers, if any); hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The assertion and judgment
A. For the following reasons, the defendant's compulsory execution based on the notarial deed of this case against the plaintiff should not be permitted.
1 C around March 29, 2011, the letter of delegation of this case stated C and the Plaintiff’s name and address in the delegating column, the name and address of the agent’s address and the creditor’s column, etc. in the delegating column, “ March 29, 2011,” and “ June 29, 2011,” respectively, and the letter of delegation of this case was issued to the Defendant with their respective seals affixed thereon.