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(영문) 광주지방법원목포지원 2020.10.28 2020가단52314
청구이의의 소
Text

The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The Plaintiff entered into a commission agreement with the Defendant from October 25, 2012 to January 2, 2014, and was engaged in activities as an insurance solicitor belonging to the Defendant, and was liable for the collection of insurance solicitation fees to the Defendant. The Plaintiff and the Defendant, under the name of the Plaintiff and the Defendant, were to pay KRW 15,628,745 to the Defendant regarding the repayment of the obligation to collect the said commission fees under subparagraph 58 of the law firm C’s certificate of April 28, 2014, with respect to the repayment of the obligation to collect the said commission fees from April 25, 2014 to November 25, 2015, the Plaintiff was to pay KRW 15,628,745 to the Defendant, and a notarial deed containing an expression of intent to recognize compulsory execution (hereinafter “notarial deed of this case”).

A. The Plaintiff: (a) issued the power of attorney to prepare the instant notarial deed and a certificate of personal seal to the Defendant’s side; (b) Nonparty E, an employee of the Defendant side, prepared the instant notarial deed in the capacity of the Plaintiff’s agent. The instant notarial deed reached the Plaintiff by registered mail. On March 14, 2015, the Plaintiff asked that the Defendant would deposit the Defendant’s debt on the instant notarial deed with the current notarial deed even if it is difficult for the Defendant to repay the debt on the notarial deed, and even after employment (No. 2-1, No. 2-1, No. 2). On November 2015, the Plaintiff stated that the Defendant would not yet file an individual rehabilitation with the Defendant’s counseling staff, and that the Plaintiff had a debt repayment intent on the notarial deed (No. 2-3-16). On December 14, 2015, the Defendant applied for the instant notarial deed with the title of title 2-16, 2015.

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