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(영문) 울산지방법원 2014.02.28 2013가단13619
청구이의
Text

1. Certificates drawn up by the Defendant’s notary public C office against the Plaintiff on April 16, 2012, No. 594.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D concrete mixed trucks, who is engaged in the ready-mixed transportation business with E (hereinafter “E”), and the Defendant is the borrower who entered into a transportation contract with E in 2012 and is elected as the president of the F made association, a meeting of the borrower engaged in the ready-mixed transportation business.

B. The borrowers affiliated with E, including E and the Plaintiff (hereinafter “member of the Trade Union”) consulted on the detailed matters and terms and conditions of the contract of carriage once a year, and on March 201, 25 members of the Trade Union and Staff member of the Trade Union and Staff member of the Trade Union held that the Defendant, the president of the Trade Union and Staff member of the Trade Union, as the representative of the Defendant, delegated the Defendant with the authority to negotiate terms and conditions of the contract of carriage with E.

C. In the course of negotiations on the terms of a transport contract with E on behalf of the members of the commercial inquiry association, the Defendant demanded the Defendant to prepare a notarial deed that compensates the Defendant for damages if the members of the commercial inquiry association deviate from the negotiations during the negotiations. The members of the commercial inquiry association, including the Plaintiff, agreed to do so.

Therefore, on April 16, 2012 at the request of the members of the commercial inquiry and the defendant, a notary public of C office of notary public C made up a notarial deed (hereinafter “notarial deed of this case”) with No. 460 of 2012 as a certificate and a contract for debt repayment (quasi loan) with No. 594 of 2012. According to the above notarial deed and the contents of notarial deed, the members of the commercial inquiry including the plaintiff delegate all the rights to negotiate the terms of the contract with E with the defendant, and if the members of the commercial inquiry violate the decision of the commercial inquiry by disregarding the terms of delegation or individually negotiating with E and entering into a contract of carriage separately with the defendant, then 20,000 won shall be imposed on the defendant.

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