beta
Text
1. The Defendant’s notary public against Plaintiff A, B, and C is the Chinese-style Law Firm on March 11, 201, No. 233 of the 2011.
Reasons
1. Basic facts
A. On March 11, 201, Plaintiff D entered into a contract to borrow KRW 70,000,000 (hereinafter “the instant loan contract”) with the Defendant as “payment period: December 30, 2011; interest: 2.5% (payment on December 11, 201) per month; and the notary public entered into a notarial deed stating that “The Defendant loaned KRW 70,000,000 to D on March 11, 201, 200 interest rate of KRW 2.5% per month (payment on March 11, 201); and that the said joint and several debt guarantee contract was made by A, B, and C on December 30, 201 (hereinafter “the notarial deed”).
B. From April 201 to December 2013, Plaintiff D paid interest on the instant loan to the Defendant. As of December 11, 2013, Plaintiff D’s principal and interest on the instant loan amount was KRW 85,927,186 (i.e., principal and interest on the instant loan amount of KRW 70,000,000) (i.e., principal and interest on KRW 15,927,186).
[Ground of Recognition] Facts without dispute between the parties, Gap 1 through 3, 6 through 8, and 10 (including provisional parcel number application), witness F's testimony and the purport of the whole pleadings
2. Determination
A. As to the claims of plaintiffs A, B, and C, the plaintiff A, B, and C did not jointly and severally stand the debt of the loan of this case against the defendant of the plaintiff D. The joint and several guarantee contract of this case is based on the power of attorney forged by using the plaintiff A, B, and C's certificate of personal seal impression, etc. and thus, a commission was made by a non-authorized representative. Thus, it is invalid as an execution title. 2) In this case, the statement of recognition of execution recognition that a notarial deed has an executory power as an executory power is a litigation against a notary public. Thus, if a notarial deed is prepared by the commission of a non-authorized representative, it is not effective as an executory power, and the burden of proof as to the existence of the power of attorney to prepare such notarial deed is asserted by the creditor, and the third party is asserted as an executory power.