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(영문) 서울중앙지방법원 2013.11.29 2013가합15321

사해행위취소 등

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. A. Around March 9, 2011, the Plaintiff prepared a notarial deed as to a monetary loan contract with Defendant B on March 9, 201, stating that the Plaintiff paid 477,000,000 won to Defendant B on December 21, 2011, and 12% interest per annum (No. 213 of the No. 2011 of the No. 2011 of the No. 2011 of the No. 2011 of the No. 2013 of the No. 200 and the Plaintiff, the obligee, and the obligor, represented by the Defendant B, as each client; hereinafter “the instant notarial deed”); ① the loan principal was the sum of the loan principal of KRW 100,00,000 borrowed from the Plaintiff on December 20, 201, KRW 10,0000, KRW 3000,000,000 from the Plaintiff’s husband D on December 17, 200011.

On the other hand, around December 20, 2010, Defendant B borrowed KRW 100,00,000 from the Plaintiff, and Defendant B issued the Plaintiff with the certificate of loan and the Plaintiff’s certificate of personal seal impression (which was issued by D on December 20, 2010) (which was issued by proxy) and one blank Delegation for Authentication for Authentication signed by private persons with the seal imprint affixed by Defendant B (hereinafter “the proxy letter of this case”). Since then, the Plaintiff submitted to the Plaintiff on March 9, 201, the letter of delegation in the letter of delegation in this case “the Plaintiff submitted to the Plaintiff on March 9, 201, the certificate of 10,000,000 won borrowed, ② the certificate of 77,00,000,000 won borrowed under the name of her husband, ③ the her husband’s three million,00,000,000 won deposited with the Plaintiff’s respective notarial deed as the obligee’s right to request loan.”

B. On March 11, 2011, Defendant B received notice from the Notarial Office as to the preparation of the Notarial Deed, and then around March 11, 201, in excess of KRW 100,000,000 from the Notarial Deed, it cannot be recognized that the Plaintiff used the Notarial Deed to use the Notarial Deed as well as the Plaintiff’s seal impression.