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(영문) 인천지방법원 2016.04.27 2015가단22129
청구이의의 소
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1. The Defendant’s notary public against the Plaintiff is No. 629, June 27, 2013, 2013.

Reasons

1. The following facts do not conflict between the Parties:

On June 27, 2013, the Plaintiff issued and delivered to the Defendant a promissory note with the payee, the par value of KRW 20 million, and the due date of payment.

(hereinafter “instant bill”). B.

On the same day, according to the commission of the plaintiff and the defendant, a notary public prepared a notarial deed stating that compulsory execution shall be accepted in the event that the plaintiff delays the payment of the amount of the bill to the holder of the said bill by the law firm No. 629, 2013.

(hereinafter “notarial deed of this case”). 2. Determination on the cause of the claim

A. The following facts are acknowledged according to Gap evidence Nos. 1, 3, 5, 7, 8, 14, 16, 19, and 21 (including paper numbers), and according to the results of fact-finding and the purport of the whole pleadings of this Court as to the Geumcheon Tax Office:

1) C Co., Ltd. (hereinafter “C”)

(2) As the Defendant and D invested in the network E and did not recover the investment amount properly, the Plaintiff demanded F and G, the representative director of C, to prepare a promissory note notarial deed. The Plaintiff is a company with the purpose of entrusting the operation of the sports center. From October 201, the Plaintiff was working as the employee of C, and the Plaintiff was in charge of managing the apartment insignia center.

Accordingly, on April 9, 2013, F and G issued and delivered to the Defendant and D a promissory note with a maturity of KRW 3.78 billion for the payee and D, par value of KRW 3.78 billion, and payment due date, and on the same day, a notary public drafted a notarial deed stating that compulsory execution is recognized by law firm 382 in 2013.

3) On May 15, 2013, the Defendant and D’s East H and wife I completed the registration as the internal director of C on May 15, 2013. 4) The Plaintiff entered into a contract with C for the management of the Franx Center’s liability (hereinafter “instant contract for the management of liability”) on June 27, 2013, and on the same day a notary public entered into the same agreement with C, No. 2317, Dec. 23, 2013.

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