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(영문) 대전지방법원천안지원 2020.10.13 2019가단117800
청구이의
Text

1. A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff in July 24, 2019, drafted by C on July 24, 2019.

Reasons

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

1. Facts of recognition;

A. The plaintiff is related to D and the defendant is a creditor who has lent money to D.

B. Around January 29, 2019, the Plaintiff issued D a certificate of the Plaintiff’s personal seal impression and a certificate of the Plaintiff’s personal seal impression to D at D’s request. D around that time prepared a loan certificate as of April 11, 2019 between the Plaintiff and D, the obligee, the Defendant, the loan amount of KRW 35,00,000, and the due date for repayment and affixed the Plaintiff’s personal seal impression on the name of the Plaintiff.

(hereinafter “this case’s loan certificate”). C.

D Around May 29, 2019, around May 29, 2019, a letter of loan to the Defendant stating that “The Plaintiff, the obligor, the obligor, and the guarantor, and the Defendant have borrowed the Plaintiff and the guarantor and the guarantor D (one million won) for personal business purposes and confirmed that they have borrowed the Plaintiff and the guarantor and the guarantor D (one million won) for the personal business purposes.” The Defendant signed his own name and sealed it on the name of the Plaintiff and delivered it to the Defendant.

(hereinafter “this case’s loan rejection”). D.

On June 19, 2019, the Defendant sent to the Plaintiff a certificate of urge the Plaintiff to repay KRW 51,000,000 based on the instant loan certificate and the instant loan memorandum, and the above certificate of content reached the Plaintiff around that time.

E. On July 24, 2019, the Plaintiff issued a new certificate of the Plaintiff’s personal seal impression and seal imprint to D. On the same day, D prepared a proxy form under the Plaintiff’s name to the effect that “the Plaintiff delegates D with all authority to commission D to prepare a notarial deed of a monetary loan agreement” and affixed the Plaintiff’s seal imprint impression on the side of the Plaintiff’s name.

(F) On July 24, 2019, D, based on the letter of delegation of this case, did not perform the above monetary obligations when the Defendant and the Defendant fail to pay the borrowed amounting to KRW 62,00,000,000 for the borrowed amount and the borrowed amount on the letter of delegation of this case.

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