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(영문) 광주지방법원 2016.03.30 2015가단531490
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) The Defendant, by deceiving the Plaintiff, has the power of attorney affixed an official seal in the name of the Plaintiff on the power of attorney, forged the power of attorney in the name of the Plaintiff, and entrusted the Plaintiff with the preparation of a notarial deed on behalf of the Plaintiff by the said power of attorney. As such, compulsory execution based on the above notarial deed should not be denied. 2) Since the Defendant, who is a credit service provider, is prohibited from commissioning the Plaintiff with the preparation

3. The notarial deed is invalid because the plaintiff only lent the borrowed name upon C's request.

B. The plaintiff's assertion is without merit, since there is no evidence to prove that the defendant committed the forgery of power of attorney by deceiving the plaintiff, and instead, according to the statement in Eul No. 2, the plaintiff delegated the power of attorney to the defendant to prepare a notarial deed. There is no evidence to prove that the defendant is a credit service provider, and there is no evidence to prove that the plaintiff only lent the name of the borrower, and the plaintiff

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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