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(영문) 서울중앙지방법원 2020.01.16 2019가단5091868

청구이의

Text

1. The defendant's notary public against the plaintiff is based on the bill No. 43 of 2019.

Reasons

1. Basic facts

A. From November 23, 2018 to December 7, 2018, the Plaintiff served as “E” in the name of “E” located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant entertainment tavern”).

B. The Plaintiff was obligated to pay 50,000,000 won in advance at the time of leaving his job as the entertainment tavern of this case (the duty of credit payment, etc. occurred at the relocated business establishment and the relocated business establishment).

On November 20, 2018, the Plaintiff issued a promissory note with the addressee in blank as to KRW 50,000,000 corresponding to the prepaid loan obligation, while leaving his position as the entertainment drinking house of this case. The Plaintiff issued a promissory note with the addressee blank, and only stated only the amount of “amount of face” and “agent” on the power of attorney for the preparation of a promissory note Notarial Deed with the blank space for the issue date, place, issuer and addressee, etc., and sent his seal imprint to the side of the entertainment drinking

(hereinafter referred to as “the power of attorney of this case”).

The Defendant supplemented the letter of delegation of this case by inserting “F, G building H,” “Seoul City” in the letter of publication, “Plaintiff” in the publisher column, and “Defendant” in the payee column.

On January 10, 2019, F submitted the instant delegation form to Law Firm and entrusted the preparation of a promissory note on behalf of the Plaintiff. On the same day, C in the event of delay in the payment of the Promissory Notes (the addressee was supplemented by the Defendant at the time of commissioning the preparation of the authentic deed) on the same day, C in the authentic deed No. 43 of the 2019 No. 43 (hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 10-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is that at the time of his employment in the instant entertainment tavern, only a promissory note with blank the addressee and his mandator’s personal information are made.