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(영문) 대전지방법원 2016.09.27 2016가단207345
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 2, the defendant entrusted the Daejeon General Law Firm with the power of attorney prepared by the plaintiff on November 26, 2015, and with the plaintiff's certificate of personal seal impression, the defendant entrusted the preparation of a notarial deed stating that "where the plaintiff borrowed KRW 50,000,000 from the defendant on November 26, 2015, the interest rate of KRW 10% per annum, and the due date of repayment as of February 29, 2016, it shall be recognized that there is no objection even if compulsory execution is not effected immediately (hereinafter referred to as "notarial deed of this case"). Accordingly, it is recognized that the notarial deed of this case was prepared by the law firm No. 2000 on the same day as of the same day.

2. The assertion and judgment

A. The plaintiff asserts that the notarial deed of this case was made out by false conspiracy with the defendant upon the plaintiff's request that "it is uneasy for family members to know that they have economic power. The plaintiff prepared a notarial deed as if he borrowed KRW 50,000,000 from the defendant, and the family members should know about it." The plaintiff delegated the preparation of the notarial deed of this case to the defendant. Thus, the notarial deed of this case was made out by false conspiracy.

B. However, there is no evidence to acknowledge that the notarial deed of this case was prepared by means of false conspiracy as alleged by the plaintiff. Thus, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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