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1. The Defendant (Counterclaim Defendant)’s act against the Plaintiff (Counterclaim Defendant) and the notary public’s act of way on December 11, 2012.
Reasons
1. Basic facts
A. On November 8, 2012, the Plaintiff-friendly B prepared and delivered to the Defendant a promissory note No. 39,000,000 in face value (No. 1878 on December 14, 2012). A notary public belonging to the Jung-gu District Court subrogated to the Defendant for the amount equivalent to KRW 34,153,99 in the cost of facility lease related to cream banks, for which C pays to effic Capital Co., Ltd. on December 14, 2012.
B. On November 12, 2012, 2012, the Defendant’s employees D received, by facsimile, a document format containing both the part of the addressee, issuer, face value, etc. from the law firm road, and the delegating person, and the mandatory part, “a letter of delegation” (in the event that the delegating person fails to pay the bill to the addressee, he/she shall immediately delegate the preparation of a notarial deed to the mandatary to the effect that he/she does not object to compulsory execution, and that he/she consented to his/her own contract and both acts, etc.).
C. On November 15, 2012, B had the Plaintiff’s seal imprint, driver’s license, and two copies of the Plaintiff’s seal imprint on November 12, 2012 (not the issuance by proxy, but the issuance by the Plaintiff himself/herself) and met the above D in the beauty room (F in Yangju-si) where the Plaintiff himself/herself works.
B issued two copies of the Plaintiff’s seal imprint, driver’s license, and November 12, 2012 to D.
D has affixed the Plaintiff’s seal imprint on the right side of one of the Plaintiff’s seal imprints to verify whether the Plaintiff’s seal imprint is in conformity.
Since then, among the document forms described in subsection (b), the Plaintiff’s seal imprint affixed to the letter of delegation and the issuer column of promissory note.
(A) The Defendant asserts that B affixed the Plaintiff’s seal impression on the aforesaid promissory note form and the power of attorney, but the witness D’s testimony alone is insufficient to recognize it, and there is no other evidence to recognize it). D’s driver’s license and seal impression are also affixed to B after copying the Plaintiff’s driver’s license.