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(영문) 대전지방법원 2015.01.15 2014가합102597

청구이의

Text

1. The defendant's notary public against the plaintiff has an executory power of No. 1499, 2010.

Reasons

1. Basic facts

A. B, while serving as the Vice Minister in C of Hansung Motor Company, solicited the Plaintiff to sell bents CSSSS 350 vehicles held by the Plaintiff at the time and purchase new Pomera vehicle at Pomera, which is held by the Plaintiff. The fact was that, even if the Plaintiff received cash amount of KRW 50 million from the Plaintiff, it did not think that it would be used as the lease deposit for the above bents vehicle (e.g., 50 million) and the cash amount of KRW 50 million from the Plaintiff, but the Plaintiff did not think that it would not use it as the lease deposit for the above bents vehicle (e.g., 10 million, including the sale deposit for the above bents and cash amount of KRW 50 million,000,000,000,000 for the total lease amount of KRW 26,60,000,000 for 44 months, the Plaintiff acquired the ownership of the said vehicle after the end of the present f.

B. Around that time, the Plaintiff delivered B a benz vehicle (at the market price of KRW 50 million) to B, and transferred KRW 40 million to B’s account on June 29, 2010, and KRW 10 million on June 30, 2010, and issued his/her identification card and certificate of personal seal to B, entrusting B with the authority to conclude the lease contract described above.

C. On July 6, 2010, B entered into a lease agreement on behalf of the Plaintiff with the Defendant for the instant vehicle under the name of the Plaintiff: (a) KRW 272,309,170; (b) KRW 44 months; (c) KRW 6,414,20 per month; and (c) KRW 76,080; and (d) KRW 76,080,00 in estimated residual value; and (b) affixed the Plaintiff’s seal on the name column of the automobile lease agreement (hereinafter “the instant lease agreement”).

(A) According to the above lease agreement, the Plaintiff shall pay to the Defendant the money equivalent to the remaining value of the instant vehicle after the termination of the lease agreement. (C)

On the other hand, a notary public's joint law office is entrusted to D where both the plaintiff and the defendant represent the defendant.