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(영문) 서울남부지방법원 2017.11.24 2016가합3653

청구이의

Text

1. The Defendants’ notary public against the Plaintiff is based on the notarial deed No. 1017, 2012.

Reasons

1. Basic facts

A. D: (a) on August 2, 2012, 344, the Plaintiff and D, F, GH, I, J, K, K, L, M, and the Plaintiff, including the Plaintiff, and D, F, GH, G, K, K, L, and the Plaintiff, using a seal imprint and a seal imprint attached by the Plaintiff, etc. (E before the name of the Plaintiff) to the Defendants;

N. The Promissory Notes of this case (hereinafter referred to as “instant Promissory Notes”).

(1) On the other hand, the issuance and delivery of the Promissory Notes in this case’s Notarial Deed as indicated in Section 1. (hereinafter “Notarial Deed”).

B. On April 27, 2017, the prosecutor drafted and ordered D, with respect to “the issuance of the Promissory Notes in this case (the victim stated in the facts of prosecution) and delivery thereof to Defendant B,” the prosecutor indicted him as a securities forgery and an exercise of forged securities in relation to “an act of issuing the Promissory Notes in this case (limited to the Plaintiff).” On September 21, 2017, the said court rendered a judgment of conviction against the whole facts charged (2017 Godan1840), which became final and conclusive on September 29, 2017. [The fact that there is no dispute over the grounds of recognition, the entries in Gap’s 1, 4, and 7 evidence, and the purport of the entire pleadings as a whole.

2. Determination

A. According to the facts of the determination as to the cause of the claim, the issuance of the Promissory Notes in this case and the issuance of the Notarial Deed in this case are null and void without the Plaintiff’s delegation.

See Supreme Court Decisions 96Da52489 delivered on April 25, 1997, 98Ma1535, 1536 delivered on August 31, 1998, etc.). Therefore, compulsory execution based on the notarial deed of this case shall not be permitted unless there are special circumstances.

B. As to Defendant B’s assertion, Defendant B asserts to the effect that Defendant B is liable as the issuer of the Promissory Notes in this case for the purpose of jointly and severally guaranteeing the Defendant’s obligation to the Defendants, and that Defendant B is liable for the issuance of the said Promissory Notes and the said certificate.

However, the Plaintiff’s seal imprints and seals to D.

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