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(영문) 수원지방법원성남지원 2015.11.04 2014가합6882
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 59 on February 17, 2014, drawn up by the Sejong General Law Firm, which was signed by the Defendant on February 17, 2014.

Reasons

1. Basic facts

A. On February 17, 2014, C, the Plaintiff’s wife, as the Plaintiff’s agent on his/her behalf and jointly and severally liable with D and the Defendant, and as the Plaintiff’s agent, the Defendant leased the loan to the Plaintiff, C, and D on February 17, 2014. The joint and severally liable parties repaid the loan as a lump sum payment by February 17, 2016, and the interest rate shall be paid at 2% per month, and if the aforementioned joint and severally liable fails to perform the above monetary obligation, the Defendant, jointly and severally liable, the Plaintiff, C, and D entrusted the preparation of an authentic deed of money loan agreement with the Plaintiff, and accordingly, a notary public was jointly and severally liable for a notarial deed in February 17, 2014 (hereinafter “notarial deed”).

B. At the time of the preparation of the notarial deed, C had a certificate of the Plaintiff’s personal seal impression and a certificate of his personal seal impression, and C, using the above certificate of his personal seal impression, has prepared a letter of delegation under the Plaintiff’s name (hereinafter “instant letter of delegation”) to the effect that “any authority to commission the preparation of a notarial deed” was delegated to C, and affixed the Plaintiff’s certificate of

C. Since then, the Defendant received an order to seize and collect the Plaintiff’s claim based on the instant authentic deed, the Plaintiff filed a divorce lawsuit against C (U.S. District Court Sungnam Branch 2014ddan5562). On August 19, 2014, the Plaintiff filed a lawsuit of objection to the instant claim. On December 2014, C filed a criminal complaint against C on the grounds that C concluded a monetary loan contract on the instant authentic deed, which had forged the instant delegation of powers and arbitrarily and jointly and severally liable for the Plaintiff, and accordingly C concluded a loan contract for consumption on the instant authentic deed, which had been concluded on March 31, 2015.

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