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(영문) 인천지방법원 2017.08.10 2016가단242746
청구이의
Text

1. The defendant's notary public against the plaintiff is based on No. 83 of the 2016 No. 83 of the 2016 No.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that entered into a goods supply contract with B (hereinafter “B”), and the Defendant is the representative director of B.

B. On March 26, 2015, the Plaintiff entered into a goods supply contract with B, and at the time, B demanded the Plaintiff to enter into a loan agreement for consumption to guarantee the Plaintiff’s claim for the purchase price of goods and obtain a notarized act.

B. Meanwhile, the Defendant, who is the representative director B, requested the Plaintiff to prepare a written agreement and a notarial deed in its name, not B, and the Plaintiff, as requested by the Defendant, was not the Defendant, a written agreement with the Defendant (hereinafter “instant agreement”) and a notary public No. 83 of the 2016 deed No. 83 of the 2016 preparation of the Maritime Affairs Act (hereinafter “instant notarial deed”).

C. The main content of the instant notarial deed is that the Plaintiff borrowed KRW 200 million from the Defendant on January 22, 2016 as interest-free on May 31, 2016, and there was no money transaction between the Plaintiff and the Defendant at all at the time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) The instant notarial deed was prepared in the name of the Plaintiff and the Defendant, but was actually the obligee against the Plaintiff, and the Defendant did not have any claim or title against the Plaintiff, and thus, it is apparent that the instant notarial deed is null and void. Even if the notarial deed is valid, the Plaintiff’s claim for the payment of goods against B or set-off against an equal amount of claim against B, and thus, the instant notarial deed is null and void. Therefore, the instant notarial deed is no longer effective. Accordingly, the instant notarial deed should be subject to compulsory execution based on the notarial deed. 2) The authentic obligee of the Defendant’s notarial deed is the Plaintiff and the Plaintiff as well as the Plaintiff.

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