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(영문) 서울중앙지방법원 2018.06.19 2017가합559331

청구이의

Text

1. The Defendant’s notary public against Plaintiff A No. 651 of the 2015 deed, signed by the Ejoint Law Office on May 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff Company B (hereinafter “Plaintiff Company”) is a company engaging in cable broadcasting, maintenance and repair of cable broadcasting, CATV broadcasting, etc.; F is a representative director; Plaintiff A is an inside director; Plaintiff C is the mother of Plaintiff A and F.

B. No. 1) The F and the Defendant borrowed KRW 200,000,000 from the Defendant jointly and severally with the Plaintiff Company, May 24, 2016, and February 24, 2016, as a notarial deed under Article 651 of the 2015, at the E-Joint Law Office on May 29, 2015 (hereinafter “No. 1 notarial deed”). The notarial deed under a monetary loan agreement stating that “When the Plaintiff Company, the Plaintiff, and the Defendant borrowed KRW 200,000 from the Defendant jointly and severally, the Defendant borrowed KRW 20,000 from the Defendant on May 24, 2016; and

(2) On July 28, 2016, the Plaintiff’s certificate of personal seal impression was attached to the No. 1 No. 1 notarial deed of this case, stating the purport of F on behalf of the Plaintiff, and the Plaintiff’s certificate of personal seal impression was attached to the proxy on which the Plaintiff’s seal impression is affixed, and the Plaintiff’s certificate of personal seal impression was issued on behalf of the Plaintiff as of March 4, 2015. (2) On July 28, 2016, the Plaintiff and the Defendant stated that “the Plaintiff’s certificate of personal seal impression was issued as of July 28, 2016” as the No. 1022 of the No. 100,000, the addressee, the Defendant, the place of issuance, and the place of payment, Seoul, and the date of payment, September 28, 2016; and that the Plaintiff’s certificate of personal seal impression was affixed to the Plaintiff Company, the Plaintiff Company, C, and C, and C. 20.

C. On July 28, 2017, the defendant, who started the procedure for compulsory auction by official auction, is entitled to the title of the notarial deed No. 2 of this case.