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(영문) 인천지방법원부천지원 2015.04.17 2014가단44712 (1)
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. The notarial deed of this case is null and void as it is made arbitrarily on the basis of the seal imprint certificate delivered by C, the husband of the defendant, and the seal imprint certificate issued by the plaintiff for the preparation of a letter of payment for the construction cost. Therefore, compulsory execution based on the notarial deed of this

B. The Plaintiff has the right to claim the repair of defects against C, the right to claim compensation in lieu of the repair of defects, and the right to claim the return of unjust enrichment on the portion not performed. Since the Plaintiff may offset the underlying obligation of a promissory note based on the instant notarial deed against it, compulsory execution based on the instant notarial deed

2. Determination

A. Determination 1 on the assertion that the authentication of this case is null and void) comprehensively taking account of the purport of the entire argument in Gap evidence Nos. 3, 5, and Eul evidence Nos. 1, the purport of the argument is as follows: (a) the plaintiff reached an agreement on settlement of accounts between Eul and the payment payable for construction work amount of KRW 23,50,000 on April 24, 2014; (b) the plaintiff directly issues promissory notes with face value of KRW 23,50,000, which are the underlying document of the authentication of this case for the payment of the above amount payable on the same day; and (c) the plaintiff directly prepares a power of attorney for the preparation of the authentication of this case, and delivers it with his certificate of personal seal impression. (b) The above fact-finding can be acknowledged that the plaintiff prepared and delivered a promissory note with the defendant according to the plaintiff's intention for the payment of the amount payable for construction work payment to Eul; and (d) as the plaintiff prepared the authentication deed of this case with the content accepting to the defendant.

In addition, even though the accounts payable to C are merely KRW 3,500,000, the Plaintiff determined the accounts payable for the construction work as KRW 23,500,000 at the time of settling accounts for the accounts payable for the construction work, and issued documents for the issuance of the notarial deed in this case.

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