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(영문) 수원지방법원 2020.07.22 2019가단512696
채무부존재확인
Text

The part concerning the claim for the confirmation of existence of the obligation among the lawsuits in this case shall be dismissed.

A notary public against the plaintiff is a law firm.

Reasons

1. Basic facts

A. On February 18, 2010, the Plaintiff acquired the right of lease from the Korea Land and Housing Corporation D Apartment E (hereinafter “instant apartment”) in lots.

B. On February 27, 2014, F entered into a contract with the Defendant under the name of the Plaintiff to sublease the instant apartment by setting the deposit of KRW 85 million and the period from March 30, 2014 to March 29, 2016 (hereinafter “instant sublease contract”).

C. On February 27, 2014, the Defendant paid the F’s account the down payment of KRW 8 million among the deposited money, and KRW 77 million on March 15, 2014. From F, the following receipts with respect to the down payment are deemed as evidence Nos. 4 and the instant receipt.

was issued by the Corporation.

The plaintiff's name of the receipt of this case is written by the plaintiff, and the plaintiff's seal imprint is affixed on the next side.

The remaining parts are not written by the plaintiff.

B E

D. Promissory Notes, dated March 15, 2014 (hereinafter “instant Promissory Notes”), consisting of the Plaintiff, the payee, the Defendant, and the amount of the Promissory Notes, 85 million won.

The Plaintiff’s seal imprint is affixed to the name of the Promissory Notes of this case, and the contents, including the Plaintiff’s name, are not written by the Plaintiff.

E. On March 18, 2014, G was drafted with the content that he/she is the agent of both the issuer (Plaintiff) and the addressee (Defendant) and that he/she entrusted C law firm with the preparation of a notarial deed on the Promissory Notes. Accordingly, on the same day, the notarial deed of this case was written with the content that “if the holders of the Promissory Notes are delayed in paying the amount of the Promissory Notes, he/she shall be aware that there is no objection even

F. The instant notarial deed is accompanied by the power of attorney (No. 4, hereinafter “instant power of attorney”) dated March 15, 2014 as follows.

The Plaintiff’s seal imprint is affixed to the Plaintiff’s name, and the contents, including the Plaintiff’s name, are not written.

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