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1. The defendant's notary public against the plaintiff is a law firm Yaeng Law Firm, 2010 No. 6651, October 27, 2010.
Reasons
1. Facts of recognition;
A. Around October 25, 2010, the Plaintiff borrowed KRW 20,000,000 from C, and as a security, the Plaintiff transferred (i) the right to claim the refund of deposit equivalent to KRW 30,000,000 on the land and its ground (F cafeteria) in the Namwon-si Seoul Special Metropolitan City for D (Lessor) and (ii) the right to claim the refund of deposit money equivalent to KRW 30,000,000 on the land and its ground (F cafeteria) the
At that time, the Plaintiff issued C a seal imprint and a certificate of personal seal impression issued on October 25, 2010.
B. On October 27, 2010, a notary public drawn up a notarial deed of money consumption loan agreement (for the debtor, the plaintiff, the creditor, and the defendant; hereinafter “notarial deed of this case”) No. 6651 of 2010 as follows.
In the instant notarial deed, the Plaintiff’s power of attorney (hereinafter referred to as “instant power of attorney”) and the certificate of seal impression stated in paragraph (a) were attached to the letter of attorney to delegate the Plaintiff’s request for the preparation of a notarial deed to C. The instant notarial deed and the letter of attorney stated in this case
Article 1 (Purpose) The creditor lent KRW 55,00,000 to the debtor on October 27, 2010, and the debtor borrowed it.
Article 2 (Period and Method of Performance) during the 23-month period from November 27, 2010 to September 27, 2012, 200 won shall be paid in installments on the 27th day of each month and the remaining 2,317,00 won shall be paid by October 27, 2012.
Article 10 (Transfer of Claim for Return of Lease Deposit or Lease Deposit) The debtor and the joint guarantor shall transfer to the creditor KRW 30,000,000 for the refund of lease deposit under the separate contract (lease or Lease) in order to secure the above monetary obligation, and take over to the creditor.
A creditor B's obligee A's agent and obligor's agent C's agent without any dispute, Gap's evidence Nos. 2, 3, Eul's evidence No. 3, witness C's witness's partial testimony, and the purport of the whole pleadings.
2. Determination as to the cause of claim
A. The plaintiff's summary of the plaintiff's assertion delegated C with the formation of the notarial deed of this case.