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(영문) 전주지방법원 2016.11.23 2015가합5742
청구이의
Text

1. No. 744, 2013, a notary public against the defendant's plaintiffs, issued a white paper preparation by law firms.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) The plaintiffs are simplified women, and the plaintiffs A and D are siblings, and D is the head of the hospital operating the F Hospital in Yansan-gu, Jeonju-si, and the plaintiff A had worked as the head of the administrative office at the above hospital.

(2) On November 28, 2012, the Defendant became a vice president of a hospital run by D through the conclusion of an agreement with D on November 28, 2012.

B. On November 28, 2012, No. D, borrowed KRW 1 billion from the Defendant; on November 28, 2014, the due date for repayment; and on November 28, 2014, the interest rate of KRW 12% per annum; overdue interest rate of KRW 24% per annum; written the loan certificate (hereinafter “instant loan certificate”); written the Plaintiff B as one of its own persons G and Plaintiff A as a joint guarantor; and affixed the seal in the name of the Plaintiffs.

C. (1) No. D prepared a letter of delegation in the name of the plaintiffs (hereinafter “the letter of delegation of this case”) to delegate H with the commission of preparing the Notarial Deed of this case at the time of drawing up the Notarial Deed of this case.

(2) On February 8, 2013, H entrusted a notary public with the preparation of a notarial deed on a monetary loan contract (hereinafter “instant notarial deed”) by No. 744, 2013, on the basis of the power of attorney in the instant case, and the said notarial deed was drafted with the following content:

On November 28, 2014, 12% of the interest rate of KRW 100 billion due date of the loan loan contract for cash loan contract was 12% debtor D, the plaintiff joint and several sureties C (Defendant) creditor C (Defendant) (3) the defendant was granted the execution clause with the execution title, and the execution clause was notified to the debtor D, the plaintiff A, the joint and several sureties and the plaintiff B on February 9, 2015.

On March 23, 2015, the decision to commence rehabilitation procedures for D was made by the Jeonju District Court 2015dan1 on March 23, 2015, and the above court decided to authorize the commencement of rehabilitation procedures for D on February 19, 2016.

E. A related criminal case (1) Plaintiff B is the Defendant and D around March 2015.

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