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(영문) 창원지방법원밀양지원 2020.07.21 2020가단300
청구이의
Text

1. The Defendant’s notary public against the Plaintiff, Law Firm C, February 23, 201, and the debt repayment contract No. 451, dated February 23, 2011.

Reasons

1. Basic facts

A. On February 23, 2011, the Defendant: (a) at a notary public law firm C, appointed himself as a creditor and debtor, D (the spouse of the Plaintiff) and the Plaintiff, a joint guarantor, as the Plaintiff’s agent; and (b) approved that D bears the obligation of KRW 44 million against the Defendant on December 30, 2010; and (c) until February 21, 2011, the interest and delay damages shall be repaid and shall be at least 30% per annum. The Plaintiff shall be jointly and severally and severally liable for the said obligation with D with the maximum amount of the guaranteed obligation at KRW 44 million. When the Plaintiff fails to perform the said obligation, the Plaintiff entrusted the Defendant with the preparation of a notarial deed of debt repayment contract with the effect that it does not raise any objection even if it is immediately subject to compulsory execution from the Defendant; and accordingly, C’s attorney-at-law prepared a notarial deed as seen above (hereinafter “notarial deed”).

B. The Plaintiff did not appear at the site at the time of preparation or commission of the notarial deed of this case, and delegated the authority to request the preparation of the notarial deed of this case to the Defendant, the power of attorney in the name of the Plaintiff was prepared on February 23, 201 and delivered to the Defendant.

In this regard, D received a summary order of KRW 2,00,000 from the Daegu District Court (No. 2011 High Court Decision 9748) on June 29, 201 to the effect that “the proxy form in the name of the plaintiff was forged and exercised by delivering it to the defendant.”

C. On the other hand, around April 27, 2011, the Defendant drafted a written waiver of the claim that “The Plaintiff shall only claim KRW 44 million with respect to the instant notarial deed, and shall not claim against the Plaintiff denying the fact of the guarantee, and shall waive the guarantee claim.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. An expression of intent of an execution recognition and recognition that a notarial deed of judgment on the cause of the claim may have executory power as an executory title.

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