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(영문) 창원지방법원 2016.09.23 2016가단101641
청구이의
Text

1. The defendant's certificate of notary public B office against the plaintiff is based on money loan contract No. 44 of 2015.

Reasons

1. On January 15, 2015, the employees C of the Defendant Company borrowed KRW 15,00,000 from the Defendant as the agent of the Plaintiff, the Defendant, and D (E) in the notary office, as the agent of the Plaintiff, the Defendant, and the D (E) in the deed No. 44 in 2015, from the Defendant to the Plaintiff, D as the agent of the Defendant, the debtor, and the joint and several sureties, and repaid KRW 1,00,000 each month from October 15, 2014 to December 15, 2015. The interest rate for delay is set at 24% per annum; the Plaintiff shall be set up within the limit of KRW 15,00,00,000 with the obligation owed by D to the Defendant; and, in the event of default, a notarial deed of a money loan agreement with intent to enforce compulsory execution (hereinafter “notarial deed”).

[Ground of recognition] Unsatisfy, entry of evidence No. 2, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that this case's notarial deed has no effect since it was made without the power of attorney from the plaintiff himself/herself, and the defendant asserts that this case's notarial deed has no effect since it was made without the power of attorney from the plaintiff, and that the plaintiff expressed his/her intent of joint and several notarial deed and delegated C with the right to prepare the notarial deed

B. Determination 1) We examine whether the Plaintiff delegated the authority to prepare the instant authentic deed to C, and that the Plaintiff’s stamp image is affixed to the proxy certificate No. 2. However, since C is also the Defendant who affixed the Plaintiff’s seal imprint with the Plaintiff’s seal imprint affixed by E (C’s husband), the authenticity of the entire document cannot be presumed to have been established solely on the authenticity of the stamp image, and there is no other evidence to prove that the Plaintiff either recognized the authenticity of the said delegation or granted E or C the authority to prepare the instant authentic deed. 2) The Defendant notified the Plaintiff of its purport after the preparation of the instant authentic deed, and also raised any objection despite receiving the Plaintiff’s notice.

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