(영문) 부산지방법원 2015.01.28 2014가단78429

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.01.28 2014가단78429

청구이의

Text

1. Certificates No. 1183, 2013, signed by the Defendant’s notary public against the Plaintiff on July 29, 2013.

Reasons

1. Facts of recognition;

A. On July 29, 2013, a notarial deed was drawn up between the Plaintiff and the Defendant on July 29, 2013, with the content that the Plaintiff would pay KRW 6 million to the Defendant at the maturity of July 2, 2013, interest rate of KRW 30% per annum, and delay damages at KRW 30% per annum (hereinafter “notarial deed of this case”).

B. The notarial deed of this case is accompanied by a power of attorney to delegate the authority to prepare the notarial deed of this case to the defendant. The name of the plaintiff is stated in the letter of delegation, and the plaintiff's seal is affixed next thereto, and the next letter is accompanied by the defendant's personal seal impression.

C. On October 2, 2014, the Defendant filed a motion for the seizure of corporeal movables in relation to the corporeal movables owned by the Plaintiff with the Busan District Court 2014No6116 on October 2, 2014, and the Plaintiff filed an application for the suspension of compulsory execution under this Court 2014Kaba2353, and received a decision that the compulsory execution based on the instant notarial deeds will be suspended until this judgment is pronounced on October 8, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff granted not only the Plaintiff but also the Defendant the right of representation on the commission of the preparation of the instant notarial deed, and thus, the part in the name of the Plaintiff in the instant notarial deed is invalid as it was made by the commission of an unauthorized Agent. 2) The Defendant obtained the Plaintiff’s certificate of personal seal impression and seal impression from the Defendant C, and entrusted the attorney-at-law in charge of the instant notarial deed to prepare the instant notarial deed on the basis thereof. At the time, the Plaintiff obtained the Plaintiff’s consent on the preparation of the instant notarial deed.

Therefore, among the notarial deeds of this case, the name of the plaintiff.

유사 판례

-부산지방법원 2015.01.06 2014가단34344

-창원지방법원진주지원 2016.11.17 2016가단5487

-수원지방법원 성남지원 2018.12.12 2017가단216348

-수원지방법원성남지원 2020.12.08 2019가합407053

-부산지방법원 2016.01.14 2015가합41438