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(영문) 청주지방법원 제천지원 2018.02.14 2017가단212
청구이의
Text

1. The defendant's notary public against the plaintiff in August 30, 2010 deed dated August 30, 2010.

Reasons

1. Basic facts

A. On September 7, 1985, the Plaintiff was the husband and wife who reported the marriage with C on September 7, 1985, and was divorced from C in February 2013.

B. On August 30, 2010, C and the Defendant entrusted a notary public with the preparation of a notarial deed containing the following contents in the notarial deed to the notarial General Law Office, and on the same day, the notary public drafted a notarial deed No. 1993, No. 1993, 2010 (hereinafter “notarial deed of this case”).

On August 24, 2010, the creditor of No. 1193 No. 1193 lent KRW 47,000,000 to the debtor and the debtor borrowed it.

Article 2 (Period and Method of Payment) Payment shall be made by August 24, 2012.

Article 8 (Joint Guarantee)

1. The surety has agreed to guarantee the debtor's obligations under this Agreement and to discharge jointly and severally the debtor's obligations.

2. The maximum amount of the surety’s guarantee liability is forty seven thousand won.

Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.

A (Plaintiff) joint and several sureties who is a related party B (Defendant) joint and several sureties, and C commissioned agent who is a joint and several sureties is recognized by the power of attorney accompanied by his certificate of personal seal impression.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8 and 9, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The Plaintiff’s assertion 1) The notarial deed of this case was made by C without obtaining the power of representation from the Plaintiff, and thus, the notarial deed of this case is null and void. Therefore, compulsory execution by the notarial deed of this case shall not be permitted. 2) The Defendant’s assertion C obtained the right of representation from the Plaintiff and entrusted the preparation of the notarial deed of this case as the Plaintiff’s agent.

Therefore, the notarial deed of this case is valid.

B. Determination 1 B.

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