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(영문) 전주지방법원 2015.02.13 2014가단26103
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 27, 2005, the power of attorney (hereinafter “instant power of attorney”) was drawn up with the content that the Plaintiffs entrusted the Defendant with the authority to commission the Defendant to draw up a notarial deed regarding the following matters:

- Creditors: The defendant - The debtor who is the plaintiff A and the joint and several sureties: the plaintiff B - The date of borrowing and lending: January 27, 2005 - The borrowing and lending amount: KRW 70 million - the due date: October 25, 2005

On February 15, 2005, the defendant entrusted the preparation of a notarial deed to the D Legal Office as the agent of the principal and the plaintiffs, and on the same day, the document No. 679 of the 2005 No. 679 of the above D Legal Office approved that "the plaintiff A bears the obligation of KRW 70 million to the defendant on January 27, 2005, the interest and overdue interest on the above obligation shall be 24% per annum, and the above obligation shall be paid by October 15, 2005, and if the plaintiff A fails to perform the above obligation, it shall be jointly and severally guaranteed for the above obligation, and if the above obligation is not performed by the plaintiff A, it was prepared a notarial deed that stated that "the above notarial deed shall not raise any objection even if compulsory execution is executed against the plaintiffs" (hereinafter referred to as "the above notarial deed"), and attached to the above notarial deed on January 27, 2005 (hereinafter referred to as "the loan certificate of this case").

C. Based on the original copy of the instant notarial deed, the Defendant applied for a compulsory auction against the Plaintiff’s real estate owned by the Plaintiff to the Southern District Court support E, and the said support rendered a decision to commence compulsory auction on June 24, 2014.

[Ground of recognition] Evidence Nos. 1 through 5-3

2. Determination as to the claim

A. Around January 2005, Plaintiff A, who had been engaged in the manufacture and sale of musical instruments, asked the Defendant to lend KRW 5 million to the Defendant, and the Defendant requested the Defendant to prepare a loan certificate by finding out the person to lend money.

Accordingly, without the consent of the plaintiff A, the plaintiff A is in blank loan certificate stating the debtor himself and the joint guarantor as the plaintiff B.

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