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(영문) 대전고등법원 2015.11.20 2014나4451
청구이의
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following portions are subject to the disapproval of compulsory execution.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The Plaintiff borrowed a total of KRW 5,4170,000 from April 22, 201 to May 2, 2012, 201 from Defendant C with a total of KRW 5,4170,00. 2) The Plaintiff, upon Defendant C’s request on October 2012, issued each of his/her and his/her respective seal impressions and certificates of seal impression to Defendant C.

3) On November 6, 2012, E, an employee of the Law Firm Samwon, is the agent of the Plaintiff, D, and Defendant B; “Defendant B, on October 25, 2012, on the due date for repayment to D on November 13, 2012, the agreement was set at a rate of 33 million won per annum; the Plaintiff’s loan obligations to Defendant B are jointly and severally guaranteed by the Plaintiff regarding D’s loan obligations to Defendant B; if D and the Plaintiff fail to perform their obligations under the said contract, there is no objection even if they are immediately subject to compulsory execution.”

4) The Plaintiff, D, and Defendant B are accompanied by each power of attorney to delegate the preparation of the said notarial deed to the Plaintiff, D, and Defendant B, on the same day. The Plaintiff and D’s power of attorney (hereinafter “the power of attorney of this case”) affix each seal of the Plaintiff and D’s seal impression, and each seal impression of the Plaintiff and D is affixed thereto.

2. The Defendants related to the Defendants are married married couple around December 1997.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 31 (including numbers), the purport of the whole pleadings

2. Determination as to a non-permission of compulsory execution among the plaintiff's main lawsuit

A. While recognizing the authenticity of the portion of the signature or seal affixed by the person who prepared the disposal document, such as the relevant legal doctrine borrowing instrument, the content of the document was delivered to the blank in which the original blank is the blank, and then the creditor, etc. at will.

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