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(영문) 인천지방법원 2020.05.22 2018가합59013
청구이의
Text

1. A monetary loan contract of No. 3, 2017, signed by the defendant against the plaintiff, a notary public C on June 21, 2017.

Reasons

1. Facts of recognition;

A. On June 21, 2017, at the office of notary public C belonging to the Incheon District Public Prosecutor’s Office, the Defendant and the Plaintiff, written the notarial deeds indicated in paragraph (1) of the same Article (hereinafter “instant notarial deeds”).

On June 19, 2017, the creditor borrowed it to the debtor on June 19, 2017.

Article 2 (Period and Method of Performance) The payment deadline shall be June 1, 2018.

(A) 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 surety is three hundred billion won.

3. The period of guarantee obligations shall be until June 1, 2018;

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized and recognized that there is no objection even if they are immediately subject to compulsory execution.

The plaintiff joint and several sureties and the debtor D defendant

B. D had, at the time of the preparation of the instant notarial deed, the power of attorney in the name of the Plaintiff, the Plaintiff’s certificate of personal seal impression (date of issuance, June 14, 2017), and the Plaintiff’s driver’s license.

The above power of attorney shows the plaintiff's seal.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 and 17 (including each number except for the case of specifying various numbers), Eul evidence 1, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff did not delegate to the plaintiff D the preparation of the notarial deed of this case, and there is no fact that the validity of the notarial deed of this case made by the commission of non-exclusive D was ratified after the fact.

Therefore, since the notarial deed of this case was prepared by the commission of an unauthorized representative, it has no effect as an executive title, compulsory execution based on the notarial deed of this case cannot be permitted.

B. The Plaintiff is a personal seal impression.

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