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(영문) 울산지방법원 2018.08.08 2018가합20022
청구이의
Text

1. The defendant's notary public against the plaintiff is an executory notarial deed No. 1137 of 2008, 2008.

Reasons

1. Basic facts

A. C (hereinafter “D”) on November 13, 2008, with respect to KRW 1,00,000,000 borrowed from the Defendant, the notary public entrusted the preparation of a notarial deed on money consumption loan contract (hereinafter “notarial deed of this case”) by a law firm on November 13, 2008 as the notarial deed in 2008 and 1137. On November 6, 2008, the notarial deed of this case borrowed KRW 1,00,000,000 from the Defendant. The Plaintiff borrowed the above notarial deed of this case with E as the maximum amount of KRW 1,00,00,000,000 for the guaranteed obligation, and when D, the Plaintiff and E fail to perform the above obligation, the notarial deed stated that there is no objection to execution even if compulsory execution was conducted immediately.

B. At the time of commissioning the preparation of the instant notarial deed, the Plaintiff did not attend, and the said notarial deed states that D is “the Plaintiff and E’s agent”.

C. D had the Plaintiff’s power of delegation and certificate of personal seal at the time to commission the preparation of the instant notarial deed to the Plaintiff’s wife.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion that D has the plaintiff's power of attorney and a certificate of personal seal impression, without any power of attorney, commissioned the plaintiff to prepare the above notarial deed by entering the plaintiff as a joint guarantor for the loan to the defendant. The above notarial deed is null and void. 2) The defendant's assertion that D had a loan claim of at least KRW 1,00,000,000, and the defendant requested D to repay the above loan claim on November 2008. However, D requested D to request D to postpone the due date on the ground of its financial standing, and the defendant made the above notarial deed by proposing that D will prepare and execute the notarial deed of this case.

At the time of commissioning the preparation of the Notarial Deed of this case, D is issued by the plaintiff.

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