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(영문) 수원지방법원안양지원 2017.08.18 2016가합101896

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures self-divers, etc., and C served as the representative director from July 15, 2015 to March 30, 2016.

B. On January 19, 2016, C prepared and issued a notarial deed of a monetary loan agreement with a notary public to the Defendant under Article 19 of the 2016, stating that “The Plaintiff and C jointly and severally borrowed KRW 500 million from the Defendant on January 19, 2016 as the due date for repayment, and that “When the monetary obligation was not performed immediately, it shall not be subject to compulsory execution” (hereinafter “notarial deed of this case”).

C. On May 30, 2016, this Court rendered a decision to suspend compulsory execution based on the original copy of the instant notarial deed until this judgment is rendered with respect to the case of application for the suspension of compulsory execution on May 30, 2016.

On March 31, 2017, the Plaintiff changed its trade name from D to A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 3-3, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion ① This case’s authentic deed is null and void since C, the representative director, forged the Plaintiff’s employee identification number.

② The Defendant issued a written confirmation (Evidence A No. 7) to the effect that the notarial deed of this case has no effect against the Plaintiff and return the authentic copy to the Plaintiff and no longer execute it, which constitutes an agreement on non-execution.

③ The loan of KRW 500 million is a matter of a resolution of the board of directors. There was no resolution of the board of directors for the loan of funds when the Notarial Deed was prepared.

C's joint and several obligations on behalf of the plaintiff in the transaction in which the plaintiff becomes the debtor constitutes one's own transaction, and there was no approval of the board of directors.

The Defendant knew or could have known the above circumstances.

④ The notarial deed of this case is individually borne by C regardless of the company’s interests.