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(영문) 서울북부지방법원 2019.01.17 2018가합996
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is the creditor of C.

The defendant is the wife C.

Preparation C of a Pledge No. 452 dated 24 December 2010, the payee, the plaintiff 50,000,000 won at face value, and the due date, June 24, 2011, a notary public, which was the law firm, drafted an executory promissory note No. 452 of the D2010.

After June 22, 2012, A evidence Nos. 1-1 (hereinafter “instant commitment deed”) written as of June 22, 2012 has been affixed with the following contents, and their seal imprints are affixed to C and the name side of the defendant, respectively. The certificate of personal seal impression issued by the principal on June 15, 2012 is attached.

Defendant C (person) The Defendant (person) made a promise to sell to the Plaintiff the notarized amount borrowed by C, “YY E and F (hereinafter “instant real estate”) at the same time,” and at the same time, refund to the Plaintiff.

On June 22, 2012, the Plaintiff’s assertion of the purport of the entire pleadings is that: (a) there has been no dispute; (b) Gap evidence 2 (including a serial number; hereinafter the same shall apply); and (c) Eul evidence 1 and 2; and (d) the Plaintiff’s assertion of the purport of the entire pleadings is that the Defendant directly prepares, written and sealed the Plaintiff’s letter of commitment.

The Defendant is obligated to pay to the Plaintiff KRW 550,000,000 as stated in the instant promise deed and damages for delay.

The deed of promise in this case, which is forged by the defendant's husband, has no formal evidence of being prepared without authority, with the formation of the defendant's certificate of seal impression and certificate of seal impression.

The obligation under the deed of promise of this case is either guaranteed or discharged from the obligation of the bill of exchange or commercial obligation of C, and each of the above obligations has expired by the lapse of the period of three to five years.

Judgment

If the stamp image of the holder of a title deed signed and sealed on the private document of the relevant legal principles as to the forgery of the commitment deed is reproduced by his/her seal, the stamp image shall be affixed, unless there are special circumstances.

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