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(영문) 부산지방법원 2016.01.14 2015가합41438
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm's writing prepared on August 21, 2008, No. 4339 and No. 4339.

Reasons

Basic Facts

A. On August 21, 2008, in the attendance of the Plaintiff C and the Defendant, a notary public prepared a notarial deed under the Monetary Loan Agreement No. 4339, 2008 (hereinafter “No. 1 notarial deed of this case”), stating that “The Defendant lent KRW 95,00,000 to C on September 1, 2007, the maturity period of payment of KRW 95,00,000,00 to C on September 20, 2008, and that “D (the father of the Plaintiff) and the Plaintiff stand joint and several sureties,” in writing, signed by the law firm.

The 1notarial deed of this case is accompanied by a power of delegation (hereinafter “the letter of delegation of this case 1”) that delegates the authority to prepare a notarial deed, “The creditor, the debtor C, the joint and several surety D and the plaintiff, the loan amount of KRW 95,00,000, the loan amount of KRW 95,000,000, the date of the loan, December 1, 2007, and the due date of September 20, 2008, and the interest rate of KRW 36% per annum.”

The letter of delegation 1 of this case contains the Plaintiff’s seal imprint affixed to the Plaintiff’s seal imprint, and the No. 1 of this case stated that “the power of representation on commission is recognized by the power of attorney attached to the Plaintiff’s seal imprint.”

B. On August 21, 2008, at the attendance of C, E, and the defendant, a notary public prepared a notarial deed under a monetary loan agreement of 4340 of the document 2008 (hereinafter “notarial deed of this case 2”) with the content that “the defendant lent KRW 40,000,000 to E on August 21, 2008 by setting the due date of payment to 36% per annum of September 20, 2008, and C, D and the plaintiff are jointly and severally and severally guaranteed.”

The second notarial deed of this case is accompanied by a power of delegation (hereinafter “the second notarial deed of this case”) with the content that “A and the Plaintiff delegate the authority to prepare the notarial deed, the creditor, E, joint and several sureties, the Plaintiff, the loan amount of KRW 40,000,000, the loan date of KRW 40,000, the loan date of August 21, 2008, the due date of repayment of September 20, 2008, interest rate of KRW 36% per annum.”

The second delegation letter of this case has the Plaintiff’s seal imprint affixed to the Plaintiff’s seal imprint, and the second notarial deed of this case has the right of representation as to the commission.

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