logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2015.12.10 2015가단107180
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of B Co., Ltd. (formerly, Co., Ltd., Ltd.; hereinafter “Nonindicted Co., Ltd.”); however, D, the Plaintiff’s scenario, operates the non-party company as the actual representative of the non-party company.

B. On October 15, 2013, D entered into a transaction agreement with the Defendant under the name of the non-party company. On October 28, 2013, D obtained a guarantee insurance policy for performance (sale of goods) from the Seoul Guarantee Insurance (the insured, the amount of KRW 100 million) and submitted it to the Defendant (the Defendant, the amount of KRW 100 million), and was supplied with feed on credit from the Defendant.

C. D requested the Defendant to extend the credit limit, and the Defendant demanded D to submit a notarial deed of promissory notes as security for the extension of the credit limit of KRW 100 million.

D made, on February 17, 2014, a promissory note with the amount of KRW 150,000,000 on the part of the joint issuer, the Plaintiff and D using the certificate of personal seal impression and the Plaintiff’s personal seal impression, and the Defendant’s employees E received from D on February 18, 2014, a notary public issued a promissory note No. 171 on the said promissory note with respect to the said promissory note upon delegation from D on February 18, 2014.

(hereinafter referred to as “instant notarial deed”). E.

The transaction between the non-party company and the defendant was suspended on March 2014, and the defendant's claim for the price of goods against the non-party company was 342,46,365 won.

F. Based on the instant notarial deed, the Defendant received a decision on a compulsory auction of real estate auction on the real estate owned by the Plaintiff as F of this Court and Do Government District Court Goyang support G.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 5, 6, Eul 1, 2, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff granted E the right of representation to prepare the instant notarial deed, and the notary public prepared the instant notarial deed without going through the verification process against the Plaintiff, who is the client, and thus, the instant notarial deed is null and void.

arrow