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(영문) 서울중앙지방법원 2015.07.15 2013가단266832
청구이의
Text

1. The part concerning the claim for confirmation of invalidation in the instant lawsuit is dismissed.

2. The defendant's notary public against the plaintiff is a law firm.

Reasons

1. Basic facts

A. On March 18, 2013, a notarial deed was prepared by a notary public on March 18, 2013, stating that “A notary public, on March 18, 2013, specified and lent KRW 50 million to the Plaintiff on March 18, 2013 at 30% per annum of interest and delay damages, and on May 16, 2013, Co., Ltd., Ltd., and jointly and severally guaranteed the said obligation.” The notarial deed of this case, stating that “D was entrusted to the Plaintiff, Defendant, and Co., Ltd., Ltd., a joint and several sureties, on behalf of the Plaintiff, and the power of representation on commission is recognized by the power of delegation attached to the principal’s certificate of personal seal impression.”

B. C’s criminal disposition 1) On July 18, 2014, at the first instance court on July 18, 2014, sentenced one year and eight months of imprisonment (Seoul Central District Court 2014dan1567), sentenced two years of suspended execution to one year and six months of imprisonment (Seoul Central District Court 2014No2853) at the appellate court on November 6, 2014 (the Seoul Central District Court 2014No2853), and the above appellate court’s decision became final and conclusive as it is. Of these, the main content of the fact of the crime that the Plaintiff is the victim is described in paragraph 2 below.

2 On March 17, 2013, C made a false statement to the Plaintiff that “The Plaintiff would give KRW 50 million out of the loans to the Plaintiff if the loan title holder is the Plaintiff’s operating company.”

On March 18, 2013, the Plaintiff received from the Plaintiff a certificate of seal impression, corporate register, corporate register, personal seal imprint, resident registration certificate, resident registration certificate, seal imprint, corporate copy, etc., and the Plaintiff was delegated by the Plaintiff to prepare a notarial deed in a monetary loan agreement with the debtor as “stock company,” and the creditor as “financial institution operating funds of low interest,” but the notarial deed was in violation of the purpose of delegation.

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