logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2020.02.19 2019가단3727
집행문부여에 대한 이의의 소
Text

1. The Defendant’s notary public C against the Plaintiff (hereinafter “Plaintiff”) has the executory power of 111 of the 2019 deed drawn up by February 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity engaged in an engineering work, etc. The Defendant is a person who served as the Deputy Director of the Plaintiff’s Office from July 2018 to February 15, 2019, and D from July 17, 2018 to April 17, 2019.

B. Around January 17, 2019, D prepared and awarded a letter of delegation to the Defendant stating that “the Plaintiff borrowed KRW 17 million from the Defendant on January 17, 2019 and would be repaid until February 25, 2019” (hereinafter “the instant certificate of borrowing”) and all the powers to commission the Defendant to prepare a notarial deed pertaining thereto.

(hereinafter referred to as “the power of attorney of this case”).

On February 19, 2019, the Defendant entrusted a notary public C with the instant notarial deed with the same content as the instant loan certificate, with the instant loan certificate and the power of attorney, and the instant notarial deed was drafted.

The Defendant received a seizure and collection order against the Plaintiff’s claim for the construction price against E on the ground of the instant notarial deed (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2019T2), and each deposit claim against the Plaintiff F and G Cooperatives issued a seizure

(Seoul District Court Jinwon Branch 2019 Taz. 1970). (e)

The Plaintiff filed an application against the Defendant for the suspension of compulsory execution under the above 2019TT 783 and the collection order (Jinwon District Court Jinwon District Court 2019Cho15). On June 18, 2019, the above court rendered a decision that compulsory execution under the above seizure and collection order shall be suspended until the judgment of the instant case is rendered, on condition that security is offered on June 18, 2019, but the Plaintiff withdrawn the application for the suspension of compulsory execution on June 20, 2019.

F. The Defendant collected KRW 249,656 from G Cooperatives on June 26, 2019 based on the order of seizure and collection of the claim No. 2019, 1970, Jinwon District Court (hereinafter “Cinwon District Court”).

G. The Plaintiff’s manager: (a) the Defendant and D drafted the instant loan certificate and power of attorney without the Plaintiff’s consent.

arrow