(영문) 창원지방법원 2018.07.19 2018가단230

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(영문) 창원지방법원 2018.07.19 2018가단230

청구이의

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1. The plaintiff's claim is dismissed.

2. On January 5, 2018, the Changwon District Court 2018Kadan2 case concerning the suspension of compulsory execution.

Reasons

1. Basic facts

A. On January 25, 2017, a notary public signed a notarial deed on a monetary loan agreement with the following content as the No. 48 of the Geum River No. 2017:

(hereinafter referred to as "notarial deed of this case". A creditor: A creditor's agent for the defendant debtor and joint and several sureties: The loan funds of the plaintiff 6 million won: Interest on April 25, 2017: 25% per annum (25% per January 25): Recognition and recognition of compulsory execution of KRW 7.5 million in case of non-performance of obligation: Recognition and recognition of compulsory execution.

B. At the time of the preparation of the notarial deed of this case, C presented to the attorney-at-law in charge the Plaintiff’s certificate of personal seal impression issued on behalf of the Plaintiff and the delegation of the Plaintiff’s authority to commission C to prepare the authentic deed.

C. The Plaintiff was the spouse of C, the debtor of the instant authentic deed. On October 19, 2017, the Plaintiff filed a divorce lawsuit against C, and was sentenced to a favorable judgment in the case of divorce on June 22, 2018, the Changwon District Court 2017ddan349.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 4, 6, and 7, and the purport of the whole pleadings

2. Of the notarial deeds asserted by the Plaintiff, the part of the Plaintiff’s joint and several sureties’s debt guarantee was forged by using the Plaintiff’s seal imprint in order to borrow money from the Defendant, who is the bondholder.

Therefore, compulsory execution based on the notarial deed of this case against the defendant against the plaintiff should not be permitted.

3. Determination

A. The burden of proving that a notarial deed of related legal principles has the power of attorney to prepare a notarial deed so that it can have executory power as an executory title is a creditor who asserts its effect, and it is presumed to have the authenticity of the portion directly produced by a notary public of a notarial deed, but the facts which can be acknowledged by it are merely the fact that the agent has commissioned the preparation of the notarial deed, and that the agent has legitimate

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