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1. The Defendant’s notary public against the Plaintiff (LLC) No. 922, 2014, drawn up on July 4, 2014, prepared by the Defendant’s notary public on the Plaintiff.
Reasons
1. Basic facts
A. On June 2014, 2014, the Plaintiff’s practical manager is C, and D is the Plaintiff’s nominal representative director upon C’s request.
C On January 13, 2015, between E and E, the Plaintiff-owned shares, business licenses, and all assets were transferred to the Plaintiff. On January 26, 2015, the E branch was appointed as the Plaintiff’s representative director.
B. On June 2014, C proposed that the Defendant should establish a corporation that is a stock company G (hereinafter “G”) and operate the aggregate extraction business together with the Defendant.
C. (1) The Defendant accepted the above proposal of C and remitted KRW 150 million from the Defendant’s Dong and Dong H’s account to C’s account on July 4, 2014.
② On the same day, C issued to the Defendant, as the agent of D, a notarial deed stating that “The amount of KRW 150 million is KRW 100 million, the payee, the place of issue, and the place of payment, Gwangju, July 4, 2014, the date of issue, and the date of payment,” and that the Defendant will recognize the compulsory execution against the said Promissory Notes under the 922, No. 2014, July 4, 2014, drafted a notarial deed.
① On August 8, 2014, the Defendant additionally remitted KRW 80 million from H’s account to I’s account.
② On the same day, C drafted a notarial deed to the Defendant, as the agent of D, to the effect that “each of the instant promissory notes was issued as “each of the instant promissory notes” (hereinafter collectively referred to as “each of the said promissory notes together with each of the said promissory notes included in the total amount of KRW 80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
E. The Defendant was appointed as a joint representative on July 10, 2014 at the same time as G was established.
[Ground of Recognition] Facts without dispute, Gap 2, 11, 14 evidence, and Eul 1 to 1.