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(영문) 수원지방법원안산지원 2019.01.09 2017가단66193
손해배상(기)
Text

1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s annual rate from December 7, 2018 to January 9, 2019, and the following.

Reasons

1. Facts of recognition;

A. On July 4, 2014, the Plaintiff visited the Defendant’s office for notarial affairs together with E and F, and then, a notary public in the name of the Defendant-at-law in charge of authentication of the case of authentication of the case of authentication of the case of authentication of the case of authentication of the case of authentication of the case of authentication of the case of authentication of the case of E borrowed KRW 100 million from the Plaintiff under No. 266 of the case of

B. The Plaintiff filed a complaint with E and F in the event that E did not repay the above loan, and during the investigation process, G, the E-friendly G, due to the bad credit standing problem, etc., prepared a notarial deed as above, and discovered the fact of borrowing money, and G and F were convicted of fraud.

[Reasons for Recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Defendant, who is a notary public of the Plaintiff’s assertion, neglected to perform his duty to confirm the client’s identity and prepared the instant notarial deed. The Plaintiff loaned money with the belief that the instant notarial deed was issued normally and suffered losses not to recover KRW 85 million among them.

Therefore, the defendant is obligated to pay the plaintiff the damages amounting to KRW 85 million and the damages for delay.

B. (1) In relation to the duty of confirmation of a client, Article 27 of the Notary Public Act provides that “A notary public must know the name and face of the client in order to prepare a deed” (Article 1). If the notary public knows the name or face of the client, he/she shall submit a resident registration certificate or other certificate issued by a competent administrative agency, if he/she knows the name or face of the client, and shall require two witnesses who know the name and face of the client to prove that the client is certain, or shall prove that the client is in compliance with the above two methods (Article 27).”

The evidence No. 3 and No. 1 are written.

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