청구이의
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
1. On September 9, 2015, the Defendant received promissory notes (hereinafter “instant promissory notes”) with a face value of KRW 130 million issued jointly by the Plaintiff and FF Co., Ltd. (hereinafter “F”). On behalf of the Plaintiff and F, on October 29, 2015, the Defendant commissioned the Plaintiff and F to prepare a notarial deed with a view to recognizing compulsory execution based on the said promissory notes at the Seoul Central Notaries Joint Office.
On October 29, 2015, the Seoul Central Notaries Office No. 2015, No. 6723, No. 2015, No. 6723, the Notarial Deed of Bills (hereinafter “Notarial Deed of Bills”).
[Grounds for recognition] Gap evidence No. 1 and the purport of the whole pleading
2. Assertion and determination
A. The Plaintiff is the owner of F’s land, and the Plaintiff is the actual operator of F with the F’s representative director H and in-house director I (the husband of H) on September 2015.
(2) From the perspective of the foregoing, “F purchases two buses: (a) the Plaintiff becomes a guarantor; (b) the Plaintiff accepted the request; and (c) delivered relevant documents, such as a certificate of personal seal impression, to H. As if the Plaintiff purchases a vehicle as a principal debtor, H entrusted the preparation of a authentic deed by forging a loan agreement and a promissory note as if the Plaintiff were to purchase the vehicle as a principal debtor. As the Plaintiff’s installment loan obligation does not exist, compulsory execution based on a promissory note No. 1 should be denied; (c) Defendant H prepared and delivered a written agreement on installment of a motor vehicle under the Plaintiff’s name to the Defendant; (d) the Defendant explained all the details of the agreement on installment of the motor vehicle (including the establishment of a collateral security on
H had the authority to legally act on behalf of the Plaintiff, prepare a written agreement of installment financing and issue a promissory note to the Defendant, and granted the Defendant the power of attorney to commission the preparation of the Notarial Deed of this case.
(B) The defendant asserts further representation and ratification of invalidation.
Judgment
1. The key issue of the instant case.