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(영문) 창원지방법원 2018.03.09 2016가단7862
청구이의
Text

1. Certificate No. 483 dated 10, 2006 drawn up by the defendant's notary public against the plaintiff on February 10, 2006.

Reasons

1. Facts of recognition;

A. The defendant borrowed money to E in several years and received repayment.

B. On February 10, 2006, the defendant, as the debtor E, the plaintiff as joint and several sureties, and the creditor of F, a notary public entrusted the preparation of a notarial deed on a monetary loan contract to the Dhap Law Office.

In February 10, 2006, a notary public drawn up a notarial deed for a monetary loan for consumption (hereinafter “notarial deed”) with the content that “Defendant shall, on February 10, 2006, lend to E at the rate of 24% per annum and on May 31, 2006 under the joint and several surety of the Plaintiff and F, the maturity of 18 million won, and on May 31, 2006. If E delays payment at the maturity of the above repayment, it shall be recognized that there is no objection even if he is immediately subject to compulsory execution.”

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion only issued a certificate of personal seal impression for the purpose of changing the insurance contract by a private village E, and there is no fact that the plaintiff as a joint guarantor for the debt of E or delegated the preparation of the notarial deed in this case.

Therefore, the notarial deed of this case is null and void, and compulsory execution based on the notarial deed of this case must not be permitted.

B. The Defendant’s assertion was issued a letter of delegation from E as to the preparation of the instant Notarial Deed and entrusted the preparation of the instant Notarial Deed as the Plaintiff’s agent. Thus, the instant Notarial Deed is valid.

3. Determination

A. The authenticity of the relevant legal doctrine regarding the authenticity of the power of attorney can also be proved by the comparison of the penmatic or seal impression or seal impression, and the comparison of the penmatic or seal impression or seal impression is a matter belonging to the free trial of the fact-finding court, barring special circumstances, when it is deemed that the penmatic or seal impression or seal impression of the document maker is the same.

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