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(영문) 인천지방법원 부천지원 2018.01.24 2017가단12464

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 21, 2016, the fact that: (a) a promissory note No. notarial deed (hereinafter “notarial deed of this case”) was written to the effect that D, as the Plaintiff’s agent, entrusted a notary public with the preparation of a notarial deed on the Plaintiff, the Defendant, and the Plaintiff, the Defendant, and the face value 30 million won; (b) the date of issuance; (c) October 21, 2016, issued in the Defendant, consented to an immediate compulsory execution with respect to promissory notes issued as “the issuer, the Plaintiff, the Defendant, the face value 30 million won; and (d) the place of payment and the place of payment.”

2. The parties' assertion and judgment

A. The plaintiff asserts that the notarial deed of this case has no validity since he did not confer the power of attorney on D to prepare the notarial deed of this case.

On October 2016, the Defendant asserted that, by lending KRW 30 million to the Plaintiff as early as early as early as October 2016, the Plaintiff received a notarial deed, and on October 21, 2016, the Plaintiff’s legitimate representative D prepared the notarial deed of this case.

B. The following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in each of the statements in Eul evidence Nos. 1 through 5, i.e., the power of attorney submitted for the preparation of the Notarial Deed in the name of the plaintiff, include the plaintiff's delegation of all the authority to issue Promissory Notes and prepare the Notarial Deed in the name of the plaintiff, and the power of attorney is affixed on the power of attorney, ② the plaintiff's request was made to the defendant around January 2017 by disclosing his intent to repay the debt of KRW 30 million on the Notarial Deed in the name of the plaintiff, ② the plaintiff's request was made to the defendant for delivery of money, ③ the plaintiff's forgery of the Notarial Deed and the use of the Notarial Deed in the Notarial Deed. However, D was subject to a disposition of no suspicion on December 13, 2017, ④ the plaintiff's payment notice from the defendant to late.