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(영문) 수원지방법원 2018.07.05 2017가합21025
대여금
Text

1. Defendant B shall be calculated by the ratio of 30% per annum to the Plaintiff from December 24, 2008 to the day of full payment.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 and Eul evidence Nos. 2 as to the claim against defendant B, and the purport of the whole pleadings as to the claim against the defendant B, D is obligated to pay the plaintiff 270,000,000 won to the plaintiff on behalf of the defendant B according to the direction of the defendant B on December 23, 2008 and the delayed interest rate of 30% per annum from the plaintiff as of December 23, 2008. On the same day, the notary public entrusted the preparation of a notarial deed stating the purport of recognizing compulsory execution of the above obligation under E-General Law Firm No. 152 as of December 208. Thus, the defendant B is obligated to pay the plaintiff damages for delay calculated at the rate of 30% per annum from December 24, 2008 to the day of full payment.

2. The indication of recognition of execution, which allows judgment on the claim against Defendant C to have executory power as a title of debt, is an action against a notary public, so if a notarial deed is made by the commission of an unauthorized representative, it shall not be effective as a title of debt, and the burden of proof as to the existence of the right to make a notarial deed shall be the creditor who asserts its effect. The authenticity of the portion directly made by a notary public of a notarial deed shall be presumed, but it shall not be acknowledged as a matter of course as to the fact that the agent has entrusted the preparation of the notarial deed, and that there is a legitimate power of attorney (see, e.g., Supreme Court Decision 2002Da18114, Jun. 28, 2002). Thus, if Defendant C as the representative director of the FF corporation and the Plaintiff as the representative director of the e.g., the Plaintiff, “If the reconstruction project promoted by the Defendant FF corporation operated by the Defendant,” the Defendant B shall be written as a certificate of guarantee 3D.

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