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(영문) 창원지방법원진주지원 2016.06.10 2015가단12082
청구이의
Text

1. The defendant's notary public against the plaintiff on October 20, 1998 No. 1998.

Reasons

1. Facts of recognition;

A. At the center of C, the Plaintiff is the former wife, and the Defendant is the father.

Article 1 (Purpose) The Defendant lent KRW 100,000,000 to the Plaintiff on September 20, 1998, and the Plaintiff regularly borrowed this.

Article 2 (Period and Method of Payment) The Plaintiff shall pay the debt by September 20, 203.

Article 3 (Interest) Interest shall be fixed at 12% per annum.

Provided, That the interest per month shall be paid by the 20th day of the month;

Article 5 (Compensation for Delay) When the plaintiff delays the repayment of principal or interest, the late payment damages shall be paid to the defendant at the rate of 20% per annum for the delayed principal or interest.

Article 8 (Joint Guarantee) C guaranteed the Plaintiff’s obligation under this Agreement, and agreed to perform the obligation jointly with the Plaintiff.

B. On October 20, 1998, No. 3378 of the No. 1998 No. 3378 of the No. 1998 No. 3378 of the No. 1998, a notary public of the following contents entrusted the preparation of the No. 3 of the No. 1999 of the No. 3378 of the No. 1998 (hereinafter “No. 3 of the No. 1998), and C entered

[Ground of recognition] A without dispute, part of Gap evidence 1, each entry of No. 4, the purport of whole pleadings

2. The declaration of intent of the recognition and recognition of execution, which allows judgment on the cause of the claim to have executory power as an executory power, is an act of litigation against a notary public. Thus, in case where a notarial deed is prepared upon the commission of an unauthorized representative, it has no effect as an executory power (see Supreme Court Decision 2000Da45303, 45310, Feb. 23, 201). The burden of proving that there is an authority to prepare such notarial deed is an executory power shall be the creditor who asserts its effect, and the establishment of a notarial deed directly produced by a notary public is presumed, but the fact that it can be recognized by the agent is presumed

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