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(영문) 의정부지방법원고양지원 2016.11.16 2015가단87106
청구이의
Text

1. Deed C signed by the Defendant’s joint office with the Plaintiff on September 29, 2014, No. 705.

Reasons

1. Basic facts

A. Promissory Notes, the face value of which is KRW 150,00,000, the issuer, the Plaintiff, D and E, the Defendant, and the date of issuance of the Promissory Notes as of June 29, 2014 (hereinafter “instant Promissory Notes”), are written. The Plaintiff’s seal impression impression is affixed to the issuer column of the instant Promissory Notes, and there are no parts directly stated by the Plaintiff.

B. On September 29, 2014, upon the Defendant’s commission expressed by the Plaintiff and E, C’s joint office drafted a promissory note No. 705 (hereinafter “instant notarial deed”) on September 29, 2014. The Plaintiff’s seal impression is affixed to the letter of delegation attached to the instant notarial deed, and the Plaintiff’s seal impression is affixed to the letter of delegation attached to the instant notarial deed, and there is no portion directly written by the Plaintiff.

C. Meanwhile, among the issuers of the Promissory Notes, D, one of the issuers of the Promissory Notes, is not indicated as the client of the Notarial Deed of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and joint issuers: (a) around June 2014, the Plaintiff loaned KRW 100 million to the Defendant on the ground that the advance payment is required; (b) the Plaintiff and joint issuers agreed to use KRW 150 million; and (c) the Defendant changed the documents necessary for the preparation of the promissory notes amounting to KRW 150,000,000,000,000,000,000,000,000,000 won; and (d) the Plaintiff and joint issuers did not prepare only the instant notarial deeds and transfer the said KRW

Therefore, since the notarial deed of this case is null and void because a cause claim is not established, compulsory execution based on the notarial deed of this case shall not be permitted.

B. The Defendant’s assertion D provided the registration of establishment of a new house (hereinafter “G”) on September 17, 2013 while running a new house construction project on the G ground when it loans the name of the Defendant and F from the Defendant, on September 17, 2013, the maximum debt amount of KRW 75 million on the said real estate and KRW 50 million on the said real estate.

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