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(영문) 의정부지방법원 2016.09.08 2015가단113125

청구이의

Text

1.Korea:

Defendant C’s notary public shall have the law firm Song-dong Law Office on February 8, 2012.

Reasons

1. Facts of recognition;

A. On November 28, 201, E borrowed a loan certificate of KRW 35 million with Defendant C, and written a loan certificate of KRW 35 million plus interest of KRW 5 million with Defendant C until January 31, 2012, E borrowed a loan certificate of KRW 35 million with Defendant C, and affixed the seal in the name of Plaintiff B and the wife, his mother, the guarantor, and affixed the seal in the name of the Plaintiff A with the guarantor. 2) On the same day, E borrowed KRW 55 million from Defendant D with Defendant D and signed a loan certificate of KRW 65 million plus interest of KRW 10 million with Defendant C until February 8, 2012, and affixed the seal in the name of the guarantor.

B. No. 1 of the No. 1 of the Promissory Notes No. 1) Defendant D, on February 8, 2012, with the Plaintiffs and E as the issuer, the issuer agent of Defendant D, and Defendant C as the addressee, the notary public’s issuance of promissory Notes No. 137 of the deed of the Songpa-dong Office (hereinafter “No. 1 No. 1 of the instant case”).

(2) On the same day, the Plaintiff and E were commissioned to prepare a promissory note of KRW 65,00,000 for face value as stated in No. 136, 2012 (hereinafter “No. 2 No. 3”) with the issuer’s agent and the issuer, Defendant D as the payee’s agent and the issuer’s agent.

2) At the time of the preparation of each of the instant deeds, E submitted a certificate of the personal seal impression and identification card under the name of the Plaintiffs to Defendant D, and attached a seal under E and the names of the Plaintiffs, and issued each of the delegations under the name of E and the Plaintiffs to the effect that the Defendant D delegates the commission of the preparation of each of the bill’s authentic deeds of KRW 35 million at face value (C) and face value (receiving amount) at face value (D) and KRW 65 million at face value (receiving amount) to Defendant D.

C. On May 12, 2015, Defendant C, based on the original copy of the No. 1 Deed, issued a collection order, with respect to the claim amounting to KRW 35 million as the amount of promissory notes, and with respect to the claim for return of the lease deposit against F and G, the third debtor of the Plaintiffs, the collection order is issued.