청구이의등
1. A notarized copy of a monetary loan agreement No. 18 of the document No. 2016 prepared by the defendant against the plaintiff as a notary public of the defendant.
1. The judgment D, E, and F on the defense before the merits were transferred to the Plaintiff in whole, but G transferred the above shares of the Defendant Company as the representative director and auditor. Since the lawsuit in this case is unlawful as it was filed by H by a person who has no power of representation, the plaintiff's representative at the time the lawsuit in this case was filed, it is acknowledged that the plaintiff's president at the time of filing the lawsuit in this case was H of the internal director stated in the plaintiff's representative at the complaint in this case, and therefore, the lawsuit in this case was lawful as filed by the person having power of representation. Thus, the defendant's defense prior to the merits is groundless.
At present, the defendant's lawsuit seeking confirmation of invalidity of the resolution of the shareholders' general meeting that appointed H as the representative director and in-house director is pending in Suwon District Court Decision 2017Gahap6693.
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Plaintiff concluded a monetary loan contract with the Defendant, and there is no fact that the Plaintiff granted the right to represent the Defendant to prepare a notarial deed concerning the said monetary loan contract. Therefore, the commission by J is an act that is not authorized to act on behalf of the Plaintiff, and thus, it must not be allowed to enforce compulsory execution based on the notarial deed stated in the purport of the claim, and it must be confirmed that there is no loan obligation under the monetary loan contract as stated in the purport of the claim. 2) The Defendant’s assertion that the Defendant applied for a compulsory auction of real estate based on the claim for the investment bond against Il-soon Co., Ltd., which was the representative director of the Plaintiff at the time, applied for a compulsory auction of real
However, the assignment of claims was revoked due to the unpaid payment of the plaintiff's remainder, and at that time, the transfer of claims was delegated by I and I as representative director of the plaintiff company, and the J and the defendant to restore the above claims.