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(영문) 서울중앙지방법원 2018.12.07 2018가단5168525

채무부존재확인

Text

1. The Defendant’s notary public against the Plaintiff (No. 190) No. 2014, 2014, drafted by the Defendant’s Hoh Law Firm on December 18, 2014.

Reasons

1. Facts of recognition;

A. From September 26, 1996 to September 17, 2013, the Plaintiff retired from office as an employee at the F cafeteria located in the Guecheon-si operated jointly by C and D, and was not paid monthly pay 4,730,000, retirement pay 44,873,220.

B. On December 18, 2014, with respect to the collection of unpaid monthly wages and retirement allowances, the Plaintiff prepared an agreement with the Defendant, not an attorney-at-law, as indicated in the separate sheet (hereinafter “instant agreement”), and on the same day, written a notarial deed of promissory notes (hereinafter “instant notarial deed”) as indicated in the instant agreement, as indicated in the separate sheet, pursuant to the agreement.

C. On December 26, 2014, the Defendant filed an application for payment order against C, D, and G for the payment of unpaid monthly pay and retirement pay (Seoul Central District Court 2014 tea68448) on behalf of the Plaintiff. On January 9, 2015, the Seoul Central District Court issued the payment order that “C, D, and G jointly and severally pay the Plaintiff the total amount of unpaid monthly pay and retirement pay, KRW 49,603,220, and delay damages therefor,” and the payment order became final and conclusive on January 30, 2015.

Although the Plaintiff was not paid the unpaid monthly pay and retirement pay from C, D, and G, the Defendant urged the Plaintiff to pay KRW 24,841,420, which is 50% of the finalized amount of the payment order on July 24, 2018.

E. Based on the instant notarial deed, the Defendant was issued a seizure and collection order with the Seoul Central District Court 2018TTT 14936. On August 31, 2018, the Defendant collected KRW 694,895 of the Plaintiff’s deposit claim from the Bank of Korea.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. In light of the purport of Article 109 subparagraph 1 of the Attorney-at-Law Act that prohibits a person, other than an attorney-at-law, from participating in the handling of legal affairs, the "agent" under the above Act is not only a legal representative who handles legal cases under the name of his/her agent upon delegation.