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(영문) 서울고등법원 2012.02.15 2011나32299

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The defendant's notary public against the plaintiff is a joint law office.

Reasons

1. Basic facts

A. A person who served as the representative director of the Plaintiff who is a stock company from June 2008 to July 2010, and the period of his/her service are as shown in the annexed sheet.

B. On May 10, 2010, a notary public drawn up a notarial deed of a bill at the request of Nonparty D, a joint law office.

(No. 616, 2010; hereinafter referred to as the "notarial deed of this case"). The said notarial deed is accompanied by the following promissory notes, and contains the following contents:

A Promissory Notes attached (hereinafter referred to as the “ Promissory Notes”) - Par value - KRW 1 billion - Time: At sight - place of issue, place of payment, and place of payment: each Seoul Special Metropolitan City - Date of issue: the issuer: the issuer: the issuer (representative C); the issuer: the issuer of the Promissory Notes - The issuer of the Promissory Notes - The issuer of the Promissory Notes - The issuer of the Promissory Notes - The issuer of the Promissory Notes - the issuer of the Promissory Notes - the issuer is not dissatisfied with compulsory execution if delayed payment of the Promissory Notes. The notarial Deed was prepared by commission of the issuer’s agent and the payee’s agent, and the power of attorney

C. D, while entrusting the preparation of the Notarial Deed, presented a power of attorney (the power of attorney of this case) containing the following:

The delegation is accompanied by the Plaintiff’s certificate of personal seal impression issued on February 11, 2010, and the Defendant’s certificate of personal seal impression issued on May 10, 2010.

The term "a delegating person (the representative C)" (the plaintiff (the defendant) shall delegate to the authorized person (D) on March 16, 2010 all his/her authority to commission the preparation of a notarial deed on the bill of this case (which is grounds for recognition), the fact that there is no dispute, the evidence Nos. 5-1, 2, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. (1) With respect to the Plaintiff’s assertion of commission by an unauthorized representative, (a) around May 2010, when the Notarial Deed of this case was prepared, C shall deliver the power of attorney of this case, etc. to D, the date of preparation, etc. of which was the official space, and then deliver the Notarial Deed of this case.