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(영문) 대전고등법원 2019.10.02 2018나15602
청구이의
Text

1. Revocation of a judgment of the first instance;

2. A notary public against the Plaintiff of Defendant B, Inc., on October 4, 2016, is a law firm E.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the first instance (from 14th to 3th below of the judgment of the first instance), in addition to the following modifications, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The three-one to three-one, five-one, and seven-one-half of the judgment of the court of the first instance shall be raised at sight.

(2) The following shall be added to the third eighteenth sentence of the first instance:

D. At the time of the preparation of each of the Promissory Notes and the Notarial Deed, both the Plaintiff and the Defendants were J. At the time of the preparation of the said Promissory Notes and the Notarial Deed. (3) At the time of the first instance judgment, the Plaintiff’s in-house director, other than the J, had AJ, AK, and AL. ③ The “Evidence A1 through 9, and 15” of the three acts under the third sentence of the first instance judgment, shall be read as “Nos. 1 through 3, and 15 (including each number; hereinafter the same shall apply

2. The reasons why the court should explain this part of the parties' arguments are as stated in the corresponding part of the reasoning of the judgment of the court of first instance (from the third to the fifth half of the judgment of the court of first instance). Thus, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, in addition to the following modifications or additions.

(1) Each of the fourth through fourth written judgments of the court of first instance shall be conducted in the following manner:

1) The existence of a loan claim against the Defendants, which is the underlying claim of each of the Promissory Notes in this case, is not recognized.

Unless there exists any loan claim against the Defendants against the Plaintiff, each of the promissory notes and notarial deeds of this case, the underlying relationship of which is a cause, shall not be effective, and compulsory execution based on each of the notarial deeds of this case shall not be permitted.

② Following the fourth 15th of the judgment of the first instance court, the following is added to the Plaintiff’s assertion. “The fourth J concurrently employs the representative of the Plaintiff and the Defendants, and issued each of the instant promissory notes on behalf of the Plaintiff.”

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