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(영문) 대전지방법원 2017.05.25 2016가단222429

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. In the corporate register of C Co., Ltd. (hereinafter “C”), the Defendant took office as a director of C’s intra-corporate director around December 10, 2010, and subsequently resigned from the intra-corporate director.

B. According to the commission of the Plaintiff, etc., a notary public D belonging to the Daejeon District Public Prosecutor’s Office (hereinafter “instant notarial deeds”) drafted a debt repayment contract notarial deeds stating that “C approves that it has the obligation of KRW 500 million to the Plaintiff, and shall repay that obligation to the Plaintiff by September 15, 2012, the interest rate shall be 20% per annum. The Defendant, etc. shall guarantee the said obligation to the Plaintiff within the limit of KRW 550 million.”

At the time of the notarial deed of this case, C Staff E entrusted the preparation on behalf of the defendant.

C. On November 27, 2012 and January 25, 2013, the Defendant filed a complaint with the above E and C representative director F and his wife G on the ground that the instant Notarial Deed was prepared without the Defendant’s consent.

As a result of the investigation, G was indicted on August 22, 2013, the crime of false entry in the authentic copy of the authentic deed, which stated that “G was necessary to change the director of C on September 17, 2012, and entered false facts in the original copy of the authentic deed of this case in the manner of forging the power of attorney in the name of the Defendant through E using the Defendant’s seal imprint certificate and the certificate of personal seal impression received from the Defendant by deceiving the Defendant.”

Accordingly, G received a summary order of KRW 1 million in the Suwon District Court Decision 2013Da5655 around October 11, 2013, and the said summary order became final and conclusive on February 12, 2014.

Meanwhile, the Defendant filed a lawsuit of demurrer against the Plaintiff on July 15, 2014, as Suwon District Court Branch 2012Gahap23012, seeking the denial of compulsory execution based on the instant notarial deed, and received a favorable judgment on July 15, 2014.

Accordingly, the Plaintiff.