(영문) 대전지방법원 2017.01.12 2015가단40101

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(영문) 대전지방법원 2017.01.12 2015가단40101

청구이의

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1. Certificates drawn up on July 10, 2015, issued by the defendant, to the plaintiff of Daejeon District Prosecutors' Office, C office belonging to Daejeon District Prosecutors' Office.

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) under which the facilities of E and E gas stations (hereinafter “F station”) are leased KRW 110,00,000,000,000 from E to E (hereinafter “F station”) and the lease period from March 1, 2015 to August 31, 2019 (Provided, That the lease agreement (hereinafter “the instant lease agreement”) was concluded after September 1, 2016).

B. On July 10, 2015, G, the Plaintiff’s branch, as the agent of the Plaintiff and the Defendant, commissioned the Plaintiff to prepare a notarial deed under a monetary loan agreement for consumption of money (hereinafter “notarial deed of this case”) with the purport that “The Plaintiff, the obligor, shall borrow KRW 110 million from the Defendant, the obligee, and shall repay the above loan amount until May 21, 2017,” and if the Plaintiff fails to perform the above loan obligation, he/she shall immediately be subject to compulsory execution.” On the same day, the notarial deed of this case was drawn up as the 4102 deed of this case as of the same day.

As to the Notarial Deed of this case, "G entrusted the plaintiff and the defendant on behalf of the plaintiff and the defendant, and as to the commission, the power of representation was recognized by the power of attorney attached to

The phrase is written, and "the plaintiff shall transfer to the defendant the claim for the return of the lease deposit of this case that the plaintiff holds against the non-party company in order to secure the repayment of the loan deposit, and notify without delay the non-party company of the fact of the transfer of the claim

“The content is written.”

C. On October 15, 2015, the Defendant received a seizure and collection order against the Plaintiff’s claim to return the lease deposit of this case against the Nonparty Company by the instant authentic deed.

[Identification Evidence: Evidence Nos. 1, 2, and 3 (including paper numbers), respectively.

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