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(영문) 의정부지방법원고양지원 2014.12.03 2014가합51725

청구이의

Text

1. Promissory notes, No. 2415, 2014, signed by the Defendant’s notary public against the Plaintiff, on April 4, 2014.

Reasons

1. Basic facts

A. By September 9, 2013, the Defendant lent a total of KRW 110 million to C by September 9, 2013.

B. On April 4, 2014, C issued, on behalf of the Plaintiff, respectively, a copy of a promissory note (hereinafter “instant promissory note”) dated June 30, 2014, with a face value of KRW 30 million, KRW 1, face value of KRW 50 million, KRW 1, face value of KRW 30 million, and KRW 1, face value of KRW 30,000,000 on November 30, 2014, and the due date for payment, May 30, 2015.

(C) is the joint issuer of each such Promissory Notes. (c)

C On April 4, 2014, on behalf of the Plaintiff, the Plaintiff issued the Promissory Notes to the new law firm along with the Defendant. When the Plaintiff delays the payment of the Promissory Notes to the holders of the Promissory Notes, C entrusted the Plaintiff with the preparation of a notarial deed to the effect that there is no objection even if the Plaintiff is subject to compulsory execution (C also entrusted with the preparation of a notarial deed for the same purpose in his/her own qualification). On the same day, the new law firm drafted a notarial deed No. 2415 of the deed No. 2414, No. 2416 of the deed, No. 2014, No. 2417 of the deed, and a notarial deed No. 2417 of the deed (hereinafter “instant notarial deed”).

C submitted three copies of the Plaintiff’s certificate of personal seal impression issued by C on behalf of the Plaintiff at the time of commissioning a new law firm to prepare the notarial deed of this case.

[Ground: Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, Eul evidence 1-1]

2. The parties' assertion

A. The plaintiff's assertion is merely a certificate of the plaintiff's personal seal impression and resident registration certificate to C in relation to the banking business, and there is no certificate of the right to represent C with respect to the commission of preparation of the notarial deed of this case. C is a notarial deed on behalf of the plaintiff without the right to obtain the plaintiff's personal seal impression certificate and resident registration certificate.