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(영문) 창원지방법원거창지원 2019.07.16 2018가단12020
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. (1) On December 7, 2017, the Defendant received the order of seizure and collection as to the agreed deposit claim amounting to KRW 50,000,000 from C, with the title of execution of the instant authentic deed as the title of execution.

D. However, although the above notarial deed was not conferred by the defendant with the power to make a notarial deed by C, the FC, who had the custody of C’s seal imprint, served as the accounting staff of the G Co., Ltd. as the representative director.

The phrase, as if it was delegated with the authority to prepare a notarial deed, so that it may prepare a power of attorney in the name C from the above F, and received it.

Referencely, even if the Defendant was granted the power of attorney to prepare a notarial deed by C, the intent delegated by C was merely a certification of May 14, 2014 and an executory certificate of debt reimbursement, and not a delegation of the preparation of an executory certificate of debt reimbursement.

x) After all, the above notarial deed is made up by the commission of the defendant, who is an unauthorized representative, and is null and void. Thus, the plaintiff is seeking the rejection of compulsory execution against the defendant based on the original copy of the above notarial deed in subrogation of C as a damage claim against C arising from a tort of KRW 3

B. On the basis of the judgment, the evidence presented by the Plaintiff alone was issued a letter of delegation in the name of C as to the preparation of the Notarial Deed by the Defendant deceiving F.

or beyond the scope delegated by C, it is difficult to deem that the said notarial deed was prepared, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the respective descriptions of evidence Nos. 7 through 19 (including paper numbers) and the purport of the entire pleadings as a result of fact-finding on the Djoint Law Office by a notary public, C is an application for granting and receiving an execution clause, which designates the defendant as his/her agent, and entrusts the preparation of the notarial deed of this case, and acceptance of compulsory execution.

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