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(영문) 대전지방법원 2017.04.21 2016가단223347
채무부존재확인
Text

1. Certificate No. 8519, No. 1998 by a notary public against the defendant of the plaintiff.

Reasons

1. Basic facts

A. On July 8, 1998, No. 8519 of C law Office No. 1998, the notary public appointed the defendant, the debtor D, the debtor D, the joint guarantor E, and the plaintiff on July 8, 1998, the defendant lent 5 million won to the debtor D on October 20, 1999, and 36% of interest per annum. When the debtor and the joint guarantor fail to perform the above obligation, the creditor shall immediately be subject to compulsory execution, and even if they are subject to compulsory execution, the money loan loan contract notarial deed (hereinafter "notarial deed of this case").

In the notarial deed of this case, the notary public prepared the notarial deed of this case at the request of the creditor, the debtor, the joint and several sureties, and the plaintiff, and the creditor, the debtor, the resident registration certificate, and the driver's license presented by the plaintiff. The notarial deed of this case is written with the notarial deed of this case that the notary public read and read the above deed to the above person, and the above person approved that there is no objection to the preparation, and signed and sealed by each person.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The plaintiff's assertion does not have any fact that the plaintiff prepared the notarial deed of this case. Even if the authenticity of the notarial deed of this case is recognized, since the joint and several liability on the above notarial deed of this case was completed from the due date of payment of the commercial extinctive prescription, there is no obligation under the above notarial

3. Determination

A. A. A notary public or an attorney-at-law who is a member of a joint law office authorized for judgment on the establishment of the authenticity of the notarial deed of this case or for which notarial affairs are authorized, upon the application of the client or the client, directly heard by himself, his notarial deed, his notarial deed stating other experimental facts, shall be deemed as a public document as a report document. Thus, the authenticity is presumed to be established under Article 356(1) of the Civil Procedure Act.

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