beta
(영문) 의정부지방법원고양지원 2015.04.29 2014가단16893

청구이의

Text

1. A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff in January 16, 2013, drafted on January 16, 2013.

Reasons

1. Basic facts

A. On July 8, 2012, at the Defendant’s recommendation that is an insurance business employee, Plaintiff B subscribed to a post office accident insurance (hereinafter “postal insurance”) with the insured as a de facto spouse A who is a de facto spouse.

Plaintiff

A On July 14, 2012, an insurance accident occurred due to an injury to the anti-public anti-airment, etc.

B. On July 17, 2012, Plaintiff B prepared a letter stating that the Defendant shall be paid KRW 60 million to the Defendant with respect to postal insurance (hereinafter “written statement of July 17, 2012”). On July 18, 2012, Plaintiff B prepared a written statement stating that the Defendant shall be paid KRW 20 million to the Defendant (hereinafter “written statement of July 17, 2012”), and that the Defendant shall be paid KRW 1/3 of the amount of the insurance in relation to postal insurance (hereinafter “each written statement of July 18, 2012”), and a notary public was certified by law firm No. 2305, such as the large number of winners.

C. At the time of preparation of each letter of July 17, 2012 and each of July 18, 2012, the Plaintiffs complained of economic difficulties and requested a monetary loan to the Defendant, and used the credit card borrowed from the Defendant for the disbursement of living expenses and medical expenses of Plaintiff A. The amount of the card used around September 2012 reaches approximately KRW 10 million.

Accordingly, the Defendant requested the Plaintiff B to prepare a notarial deed of promissory note for the guarantee of the obligation for payment of credit card bills and the amount of KRW 20 million on the above two separate notes, and the notarial deed of promissory note payable at sight on September 27, 2012 was drafted by a notary public as of September 27, 2012, No. 715, Sept. 27, 2012, in which the notarial deed of promissory note paid at sight was drafted on September 27, 2012.

(hereinafter “notarial deed of this case”) d.

Plaintiff

A had subscribed to the Dongyang Life Insurance (hereinafter referred to as the "Dongyang Life Insurance") before the occurrence of the above insurance accident, and as an insurance company refuses to pay insurance proceeds and causes difficulties in receiving insurance proceeds, A shall lend money from the Defendant.