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(영문) 대전고등법원 2018.02.01 2017나12675
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is identical to that of the judgment of the court of first instance, except for changing or adding corresponding parts as set forth in paragraph (2) below.

2. Parts to be altered or added;

A. The part 1 that changes the text 2 of the judgment of the first instance, 7 lines and 8 lines each “registration price” are changed to “registration price in the corporate registry”. 2) The part that “the Defendant did not verify whether D had a legitimate power of attorney to prepare the Notarial Deed against C, E, or Plaintiff at the time when the Notarial Deed of this case was prepared, with respect to the other joint representative director C, E, or Plaintiff, at the time when the Notarial Deed of this case was prepared,” is changed to the part that “A” indicated below.

Under the premise that the defendant himself was not individually authorized by Eul, a joint representative director, to prepare the notarial deed in this case, the defendant asserts that "the joint representative director at the time was individually authorized to prepare the notarial deed in this case, or that he was authorized to independently represent the plaintiff with comprehensive delegation from C, a joint representative director at the time, C, and E (the legitimacy of such assertion will be examined below). It is true that the power of attorney attached to the notarial deed in this case (Evidence No. 6) accompanied by a certificate of personal seal impression of the plaintiff corporation that C entered as a joint representative director at the notarial deed in this case. However, in the examination of the witness at the trial, C stated to the effect that "No fact was found about the preparation of the notarial deed in this case from D, and only she delivered it to D through a hearing of her fryer who sent a corporate certificate and a certificate of personal seal impression."

B. 1) Additional parts 1) 5 lines from 2 pages of the judgment of the court of first instance are added as follows. The part of “the indication of the person concerned” is as follows: “A, C, C, C, and F, the Plaintiff Joint Representative Director C, and joint and several sureties.”

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