물품대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff imported fishery products, etc. under the trade name of “C” and sold them for wholesale. The Plaintiff supplied fishery products from around 2011 to March 26, 2013 (hereinafter “instant supply agreement”).
B. The Defendant and E were the legal couple who reported a marriage on January 24, 2008 through a de facto marital relationship, and they were divorced on December 17, 2013.
C. On the other hand, on February 13, 2013, the Plaintiff received a promissory note of KRW 5 million at a face value (e.g., issuer of promissory note of KRW 5 million for the amount of unpaid goods from the above E: EB, addressee A, and date of issuance: February 13, 2013) and authenticated it (e.g., the No. 154 of the No. 2013, Feb. 13, 2013; hereinafter “instant No. notarial deed”); and the instant No. notarial deed was written by the client and the agent as E; and the client as “A” respectively.
On May 14, 2013, when the Plaintiff applied for a compulsory auction on the real estate owned by the Defendant, the Defendant filed a lawsuit of demurrer against the claim under the Suwon District Court Branch 2013Gadan17384, the said court rendered a judgment excluding the executory power of the instant notarial deed on September 12, 2014 on the ground that he did not have the authority to represent the Defendant B at the time of preparing the instant notarial deed, and the said judgment became final and conclusive around that time.
E. In addition, the Defendant filed a complaint under the charge of forging the power of attorney in the name of the Defendant on the preparation of the Notarial Deed and the use of the said Promissory Notes. As a result, on February 24, 2015, the judgment became final and conclusive through the appellate court (U.S. District Court 2015No1709) after the Defendant was sentenced to the Defendant’s conviction for eight months of imprisonment and two years of suspended execution.
F. On September 24, 2013, the Defendant filed a lawsuit for divorce against E on September 24, 2013, under the Suwon District Court Branch 2013Ddan10834, and the Defendant and E on December 17, 2013.