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(영문) 대구지방법원 서부지원 2018.05.09 2014가단26891
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a law firm’s debt repayment contract No. 761 of the 2014, July 11, 2014.

Reasons

1. Facts of recognition;

A. On May 6, 2014, the Defendant: (a) at the office of the second floor E in Gumi-si, Gumi-si, the Defendant sent the Plaintiff the name of the Plaintiff on the letter of delegation to the effect that “the documents necessary for the purchase of FNAS car” is “the documents necessary for FNAS car”; and (b) caused the Plaintiff to write the Plaintiff’s name in the debtor column using the

The defendant affixed the plaintiff's seal next to the plaintiff's name, and then prepared a letter of delegation in blank (hereinafter referred to as "the letter of delegation in this case") with all the remaining columns, such as creditors and debts, left blank.

B. In order to enforce compulsory execution against the Plaintiff’s property as the Plaintiff’s fraudulent person G did not receive KRW 81.5 million out of the purchase price for the large loan, the Defendant stated the delegation of the instant delegation that was held by the Plaintiff at the law firm C office located in the Gu, Si, Si, Gu, and Gu, on July 11, 2014, in the column of the obligee of the instant delegation as if he/she was delegated by the Plaintiff with respect to the act of entrusting the preparation of the authentic deed of debt repayment contract by the Plaintiff, unlike the purport that the delegation was made by the Plaintiff, the Defendant entered the letter of delegation of this case in the column of the obligee of the instant delegation of this case as if he/she was delegated by the Plaintiff with respect to the act of entrusting the preparation of the authentic deed of debt repayment contract by the Plaintiff.

C. A notary public’s attorney-at-law in charge of authentication of C on July 11, 2014, on behalf of the Plaintiff, as indicated in the letter of delegation of this case, stating that “the Plaintiff borrowed KRW 81.5 million from the Defendant on June 12, 2014 at the maturity of July 3, 2014, interest rate of KRW 30,000 from the Defendant on July 3, 2014, interest rate of KRW 25% per annum, and delay damages, and if the Plaintiff fails to perform the said obligation, he/she shall immediately be subject to compulsory execution, even if he/she is aware that there is no objection.”

d. The work was completed.

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