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(영문) 대전지방법원천안지원 2020.04.24 2019가합103327

청구이의

Text

1. The Defendant’s notary public against the Plaintiffs, No. 114 of the 2012 deed, which was signed by D on January 16, 2012 by D, No. 114.

Reasons

1. The shareholders in the register of shareholders in the certificate of share allocation ratio and the certificate of joint and several sureties in the separate sheet are shareholders of H Co., Ltd. as the true shareholders in the list of shareholders listed in the separate sheet. If the actual shares of each shareholder are different from the list of shareholders listed in the separate sheet, the shareholders shall be liable for damages that creditors I and C (Defendant) shall receive due to that difference.

In addition, the following joint and several guarantors are civil and criminal joint and several sureties for the fact that shareholders in the list of shareholders hold the same shares as the list of shareholders and for the damage compensation against creditors C (Defendant) and I.

A shareholder of H Co., Ltd on January 16, 2012

1. E;

2. F;

3. Joint and several sureties;

1. A (Plaintiff);

2. B (Plaintiff)

A. On January 16, 2012, the Defendant, E, F, and G drafted a certificate issued by a notary public with D 275 (hereinafter “instant certificate”) as a law firm in D 2012. Of the content of the instant certificate, the share allocation ratio confirmation and the joint and several surety letter are written as follows:

B. The H’s register of shareholders, included in the instant certificate, is 24,00 shares of common shares, E is 18,00 shares of common shares, F is 12,00 shares of common shares, G is 3,000 shares of common shares, and K is 3,00 shares of common shares.

C. On January 16, 2012, the Plaintiffs and the representative director E of H Co., Ltd. issued and delivered a promissory note with a face value of KRW 500 million at sight (hereinafter “instant promissory note”) to the Defendant. On the same day, when delay in the payment of the said promissory note to the holders of the instant promissory note on the same day, a notary public drafted the No. 114, 2012 No. 114, a notarial deed (hereinafter “notarial deed of this case”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

(a)the underlying obligation;