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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
Facts of recognition
A. The plaintiff is the mother of D, and the defendant is a person who lends money to D.
The indication creditor of related person: the defendant, the debtor and the joint and several sureties: D, the joint and several sureties: The creditor of Article 1 (Purpose) lent the fact to the debtor on December 21, 2017 that the debtor borrowed the fact.
Article 2 (Period and Method of Repayment) The due date shall be December 21, 2018.
Article 3 (Interest) Interest shall be the 21st day of each month of December 22, 2017 by the rate of 24% per annum from the 22th day to the due date.
Article 5 (Amount of Delay Damages) When the debtor delays the repayment of the above obligation, damages for delay shall be paid to the creditor at the rate of 24% per annum on the principal of the obligation delayed.
Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.
Of the joint and several guarantees under Article 10 (Joint Guarantee) above, the maximum amount of the surety of the surety is in lurgine (70,000,000), and the guarantee period is 10 years.
B. On December 21, 2017, the Defendant and D drafted at the notary public C office a notarial deed of a monetary loan agreement with the following contents:
(In the case of this case, only the original contents are stated, the remainder is omitted, hereinafter the above contents are referred to as the “notarial deed of this case”).
In the instant notarial deed, the Plaintiff’s power to delegate all the authority regarding the preparation of the instant notarial deed to D and the Plaintiff’s certificate of personal seal impression are attached.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion D did not delegate the authority to prepare the instant notarial deed to D.
B. The indication of recognition of execution that a notarial deed of the relevant legal doctrine is capable of having executory power as a title of debt is an act of litigation against a notary public, so a notarial deed is a notarial deed upon the commission of a non-authorized representative.