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(영문) 서울북부지방법원 2020.11.11 2019가합27608
청구이의
Text

A notary public of the defendant against the plaintiff is a promissory note No. 287, 2019, drawn up by C on August 21, 2019.

Reasons

1. Basic facts

A. (1) On February 30, 2017, the Defendant: (a) recommended the Plaintiff’s son to invest in the subscription for new apartment and the resale of the right to sell a new apartment; and (b) paid KRW 343,00,000 to D from April 1, 2017 to August 30, 2017; and (c) D around August 30, 2017, around August 30, 2017, issued a receipt to the Defendant that the Defendant would make full payment of the said investment money by August 30, 2018.

B. On August 21, 2019, D’s notarial deed in the Plaintiff’s name: (a) one copy of a notarial deed stating that the Plaintiff, the Defendant, the Defendant, the face value of KRW 350,00,000, the date of issuance, January 10, 2019; (b) the date of payment; (c) October 30, 2019; (d) the place of payment; and (e) each gender-nam Promissory Notes (hereinafter “instant Promissory Notes”); and (e) on behalf of the Plaintiff, a notary public made a notarial deed stating that a notary public accepts compulsory execution under the said Promissory Notes under Article 287 of the 2019 Deed (hereinafter “instant notarial deed”) and entrusted the Defendant with the preparation of a notarial deed indicating that the compulsory execution under the said Promissory Notes will be recognized under the said notarial Notes,

C. On August 26, 2019, the Defendant filed an application with the Seoul Northern District Court for provisional attachment of real estate as the debtor, claim claim amounting to KRW 350,00,000, real estate E-Mam2 and its ground building in Seongbuk-gu Seoul, Seoul, and the provisional attachment was executed on September 5, 2019 after receiving a provisional attachment order from the above court on September 5, 2019.

(2019Kadan2596). [Ground of recognition] / [Ground of recognition] The fact that there is no dispute, Gap evidence 3, Eul evidence 1 and 4 (including the branch numbers for each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the cause of the claim is the Promissory Notes and notarial deeds of the Plaintiff’s arbitrary use of the Plaintiff’s seal impression and certificate of personal seal impression.

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