(영문) 수원지방법원안산지원 2019.04.10 2018가단50027

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2019.04.10 2018가단50027

청구이의

Text

1. Certificates No. 1085, 2016, drawn up by C on December 22, 2016 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff lent the name of the building business to E, his father, regarding the construction of a new multi-household house on the parcel of land outside Incheon-gun D, Incheon-gun, and the construction of this case was carried out after obtaining a building permit under the name of the Plaintiff.

B. On December 22, 2016, the Plaintiff was the debtor, and the Defendant, the creditor of F, who holds a claim for construction price against E in relation to the instant construction project, was the creditor, and the Defendant lent KRW 57 million to the Plaintiff on December 22, 2016, and the Defendant, by February 20, 2017, entered into a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the purport that “the Defendant repaid the loan to the Plaintiff by February 20, 2017.”

At the time, G, along with E, engaged in the instant construction, prepared the instant notarial deed as the Plaintiff’s agent.

[Reasons for Recognition] Unsatisfy, Witness G's Testimony and the purport of whole pleadings

2. The plaintiff asserts that the notarial deed of this case is invalid as it was written without authority since he did not confer the power of attorney on E or G to prepare the notarial deed of this case.

In regard to this, the Defendant: (a) lent the name of the instant construction to E so that E may perform all the business affairs; (b) at the time of the preparation of the instant notarial deed, the Defendant granted the right to representation in the preparation of the instant notarial deed by delivering the certificate of personal seal impression and the certificate of personal seal impression to E; and (c) as G again obtained delegation from E to prepare the instant notarial deed, the instant notarial deed was created by lawful power of representation.

The facts of the instant notarial deed prepared by G, which is represented by the Plaintiff’s agent, are as shown above, and considering the following circumstances, which are acknowledged by Gap’s statement No. 3 and the witness G’s testimony by adding the overall purport of the pleadings to the witness G’s testimony:

유사 판례

-창원지방법원거창지원 2019.07.16 2018가단12020

-서울남부지방법원 2015.07.10 2015나2381

-대구지방법원안동지원 2019.10.15 2019가단20801

-부산지방법원동부지원 2016.12.13 2016가단10850

-서울중앙지방법원 2019.01.11 2017가단5204493