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(영문) 서울동부지방법원 2015.03.12 2014가단30477

청구이의

Text

1. The Defendant’s notary public against the Plaintiff No. 68 of the 2013 deed prepared by the Seoul Notaries Office on February 6, 2013.

Reasons

Basic Facts

According to the statement in Gap evidence No. 1, on February 6, 2013, the plaintiff issued one of the Promissory Notes in Seoul Special Metropolitan City (hereinafter "the Promissory Notes in this case"), respectively, at the addressee, the defendant, the face value of KRW 30 million, at the sight of the due date, at the place of payment, at the place of payment, and at the place of payment. The plaintiff prepared a notarial deed to the effect that a notary public would recognize a compulsory execution based on the Promissory Notes in Seoul Notaries Public Co., Ltd. (hereinafter "the Promissory Notes in this case"), even if the said Promissory Notes was enforced on February 6, 2013 as Seoul Notaries Public Co., Ltd. (hereinafter "the Promissory Notes in this case"). However, at the time of the issuance of the Promissory Notes in this case, the plaintiff can be recognized as having written at the upper end of the set forth column of the face value of the Promissory Notes in this case as "

The Plaintiff’s assertion as to the cause of the claim is the cause of the claim in this case. The Promissory Notes issued under the name of the Defendant C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and issued a defective performance bond in the name of the Plaintiff’s corporation, and the Plaintiff’s damage was incurred to the company. As such, imposing conditions on the payment of the Promissory Notes is contrary to the nature of the Promissory Notes, and thus, the issuance of the Promissory Notes in this case is null and void, and compulsory execution based on the Notarial Deed in this case should not be permitted.

As to this, the defendant was an employee of the non-party company working as the representative director, who was in charge of the construction site of the new neighborhood living facilities in Yeongdeungpo-gu Seoul Metropolitan Government. When the completion of construction was delayed due to the defect of the above construction, the plaintiff prepared the Promissory Notes in order to secure the damage suffered by the non-party company on a personal basis due to the defect and the delay of construction, and issued the Promissory Notes in conditional terms